토지수용에 대한 보상금 증액청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of Daejeon Seodong-gu B 2,535 square meters (hereinafter “instant land”), and the Defendant is the project implementer of the urban planning project [C development project, D public notice issued by the Ministry of Land, Infrastructure and Transport as of January 23, 2014, and E public notice issued by the Ministry of Land, Infrastructure and Transport as of January 19, 2015] (hereinafter “instant project”).
B. The instant land was incorporated into the instant project zone; the Plaintiff and the Defendant did not reach an agreement on the expropriation of land; thus, the adjudication was made; the Central Land Expropriation Committee filed an objection to the adjudication on expropriation; and filed an objection to the said adjudication, on January 19, 2017, filed an objection to the increase in KRW 20,660,250.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1]
2. The compensation determined by the Plaintiff’s assertion of objection is lower than the market price. As such, the Plaintiff seek against the Defendant for a reasonable compensation and the difference in compensation as determined by the said ruling, and a compensation for delay.
3. Judgment on the Defendant’s main defense
A. On February 8, 2017, the Plaintiff’s summary of the Defendant’s assertion was unlawful, since the Central Land Expropriation Committee did not indicate the intent of reservation while receiving the increased compensation for losses in its adjudication.
B. (1) In a case where a public project operator who expropriates land provides a landowner with the compensation adjudicated by the competent Land Tribunal and receives it without reservation of any objection, the land owner shall be deemed to have succeeded to the said adjudication (see Supreme Court Decision 81Nu311, Feb. 22, 1983). The landowner expressed his/her objection at the time of receiving the compensation for losses as determined by the adjudication of expropriation.
Even if there are no special circumstances, it will take advantage of the result of the ruling, unless the intention of reservation is indicated in the receipt of increased compensation for losses in the objection ruling.