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(영문) 수원지방법원 2018.01.09 2017구합66795
재결신청수리무효확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Housing redevelopment and rearrangement project partnership (hereinafter “instant partnership”) is established to promote a housing redevelopment and rearrangement project (hereinafter “instant project”) with the whole E members of the Gu E as the project area during Ansan-si, and is the housing redevelopment and rearrangement project partnership with the approval of the establishment of the association on February 21, 2012 from Ansan-si, and the Plaintiff is the land owner located within the instant project zone.

B. On July 23, 2015, the instant association received an application for parcelling-out from its members after obtaining authorization to implement the instant project from the Ansan market, but the instant association did not apply for parcelling-out.

C. On January 15, 2016, the instant association obtained approval for the implementation of the instant project from the members after obtaining approval for the alteration of the project from the Ansan market, but the instant association failed to apply for parcelling-out during the period of the said application for parcelling-out (from January 20, 2016 to February 19, 2016) and became a person subject to cash liquidation.

On January 2017, the instant persons subject to cash settlement filed a claim for expropriation ruling with the instant association pursuant to Article 30(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

E. Accordingly, on March 3, 2017, the instant association filed an application for adjudication with the Defendant pursuant to Article 47 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”) and Article 30 of the Land Compensation Act (hereinafter “instant application for adjudication”).

F. On February 27, 2017, the instant association obtained authorization of a management and disposition plan concerning the instant project from the Ansan market.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The Plaintiff’s assertion is that the association of this case including the Plaintiff pursuant to Article 47(1)1 of the former Act.

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