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(영문) 서울행정법원 2017.12.14 2016구합4379

토지수용이의재결처분취소등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Private Investment Project name: Private Investment Project (B; hereinafter “instant project”): Project implementer under the Defendant-head of the Seoul Regional Construction and Management Administration-Public Notice: C public notice of the Ministry of Land, Transport and Maritime Affairs on March 21, 201, and D public notice of the Ministry of Land, Infrastructure and Transport on April 30, 201

B. The Central Land Tribunal’s ruling of expropriation on September 17, 2015 (hereinafter “instant expropriation ruling”): Compensation for losses on November 10, 2015 (hereinafter “instant expropriation land”) - The portion of the instant expropriation land and the instant 305 square meters on the ground (hereinafter “instant remaining land”) located in Gunpo-si, Gunpo-si, Gunpo-si (hereinafter “instant building”) 4 square meters (hereinafter “the instant building”), excluding the remaining portion of the expropriated 4 square meters, and each of the above above ground obstacles (hereinafter “instant remaining buildings”), and each of the above ground obstacles (hereinafter “instant obstacles”): The date of expropriation: 49,060,500 won (= the instant land 27,168,000 won) and the Plaintiff’s claim for the remainder of the instant expropriation building and the instant 251,200,000 won (hereinafter “instant remaining land”). However, the Plaintiff’s claim for the remaining expropriation of the instant building and the instant remaining land were clearly difficult as the Plaintiff’s claim.

C. The Central Land Tribunal rendered an objection on April 21, 2016 - The subject matter of expropriation: the instant building and obstacles (the Central Land Tribunal decided to expropriate the instant building in addition to the portion of four square meters expropriated expropriated by the instant decision on expropriation among the instant buildings) - Compensation for losses: 147,228,180 won

D. The Central Land Tribunal rendered an objection on August 25, 2016 (hereinafter “instant objection”) - The Plaintiff filed a claim for expropriation of the remaining land of this case, but the said Committee entered the said remaining land through the existing passage.