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(영문) 대구지방법원 2018.10.30 2018구합20308
수용재결취소등
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of adjudication on expropriation;

A. The non-party H Co., Ltd. (hereinafter “H”) is a project implementer of the urban planning road construction following the new construction of Daegu I apartment complex (hereinafter “instant project”), who prepared an implementation plan pursuant to Article 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and obtained approval from the head of the Gun to achieve Daegu Metropolitan City.

B. The Plaintiff was a co-owner of 14,332/14,00 of the 857 square meters of K forest land in Daegu-gun, Daegu-gun (hereinafter “Jri”) prior to subdivision. The Plaintiff sold the said land to L Co., Ltd. (hereinafter “L”) and received a favorable judgment by cancelling the sales contract.

C. The progress of the partition of the land before the said partition is as follows.

From the end to the end of each land in the dividing process, each land shall be marked as follows: (a) to (g) land:

As a result of the division of the divided number of lots, (A) G forest land (A) 857 square meters prior to the division of K forest land, 2010.06.11 (b) G forest land of 415 square meters (A) G forest land of 442 square meters divided into 415 square meters (B) G forest land of 415 square meters (C) and 442 square meters (C) G forest of 2016.08.08.082 (D) G forest of 433 square meters divided into 433 square meters (D), (D), and (ma) G forest of 207 square meters (g) G forest of 207 square meters in December 3, 2017 (g) G forest of 207 square meters in size (G) and (f) land divided into 415 square meters in terms of land (G) G forest of 207 square meters in total (G) 207 square meters in forest and forest of 22626.75 square meters in forest land

D. On June 10, 2016, the head of Daegu Metropolitan City: (a) announced the authorization of an implementation plan for an urban planning facility project (road); (b) on June 10, 2016 (O) and on June 20, 2017, the head of Daegu Metropolitan City announced the modification of the authorization of the implementation plan for an urban planning facility project (road) based on the ground for the change of the lot number and size as a result of

(T) Daegu Metropolitan City Calseong-gun published P).

H An agreement with the Plaintiffs to acquire G forest land 433 square meters (hereinafter “land subject to expropriation of this case”) to be incorporated into the instant project site (hereinafter “land subject to expropriation of this case”), but it did not reach an agreement, thereby making a ruling for acceptance to the Defendant.

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