토지수용보상금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who owned the rice field B 185 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”).
B. The Defendant, as an implementer of “C Corporation,” filed an application for adjudication of expropriation with the local Land Expropriation Committee of Ulsan Metropolitan City, Ulsan Metropolitan City, on December 11, 2018, for the acquisition of the instant land to be incorporated into the said project implementation district, after consultation with the Plaintiff, but no agreement was reached, and filed an application for adjudication of expropriation with the local Land Expropriation Committee of Ulsan Metropolitan City, Ulsan Metropolitan City.
(hereinafter “instant acceptance ruling”) C.
The Plaintiff sought an increase in compensation for the instant land, and filed an objection with the Central Land Expropriation Committee, and the Central Land Expropriation Committee rendered a ruling dismissing the Plaintiff’s objection on June 27, 2019.
(hereinafter referred to as “instant objection”) D.
On July 5, 2019, the Plaintiff was served with a written ruling on the instant objection by the Central Land Expropriation Committee.
[Ground for recognition] Unsatisfy, Gap evidence 1 (including branch numbers), the purport of the whole pleadings
2. According to Article 85(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, a landowner may institute an administrative litigation within 90 days from the day he/she is dissatisfied with a judgment, and within 60 days from the day he/she is subjected to a written adjudication if he/she has raised an objection, respectively.
The plaintiff was served with the written adjudication on the instant objection on July 5, 2019. Thus, the plaintiff should have filed an administrative litigation seeking the increase of compensation within 60 days from July 5, 2019. However, it is obvious in the records that the plaintiff filed the instant lawsuit on September 9, 2019, which was after the lapse of 60 days from July 5, 2019.
Therefore, the instant lawsuit is unlawful because it fails to observe the filing period.
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