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(영문) 서울고등법원 2015.08.21 2014누3374
수용재결처분취소등
Text

All appeals by the plaintiffs against the defendants are dismissed.

The costs of appeal are assessed against the plaintiffs.

purport, purport, and.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to a disposition that considers Defendant Daegu Metropolitan City as a project approval for a school facilities project project (hereinafter “Seoul Metropolitan City”) as the project implementer, and a case that the Central Land Expropriation Committee (hereinafter “Expropriation Committee”) seeks revocation of the adjudication on expropriation on December 16, 201 on the ground that the adjudication on expropriation was unlawful by the Plaintiffs, who are the land owners, on the ground that the adjudication on expropriation was illegal. Even if not, it is sought to change the amount of compensation for losses on the adjudication on expropriation based on Article 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

The judgment of the court of first instance dismissed the plaintiffs' claim to revoke the adjudication of acceptance, and partially accepted the claim to change the amount of compensation, dismissed the remaining claims, and filed an appeal against the losing part of the plaintiffs.

[Related Acts and subordinate statutes] Attached Table 1

B. The premise factual basis 【Evidence 【A evidence’ 1-1, 2, A10, A11, and 12-1 through 6, B-21, and the purport of the entire pleadings. (i) The Plaintiffs are the owners of the land subject to the attached Form 2, which are incorporated into the establishment project of the special school (tentative name “G school”) implemented by the Defendant Daegu City, and Defendant Daegu City superintendent of education is the project implementer implementing the establishment project of the special school (tentative name “G school”), and the Defendant Daegu City superintendent is the committee established in the Ministry of Land, Infrastructure and Transport to decide on the expropriation and use of land.

In order to establish a special school facilities project, the defendant Daegu City prepared a school facilities project execution plan pursuant to Article 4 (4) of the School Facilities Projects Promotion Act and completed consultation with the Minister of Education, Science and Technology. The execution plan of the Daegu City shall be 36,84 square meters, including H, of the Daegu City.

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