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(영문) 수원지방법원 2020.04.23 2019구합1389

고등취락지구정비공사 보상계획무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a project implementer that implements a road improvement project within the A community district (hereinafter “instant project”), which is a project for installing urban planning facilities (road) in a lot of 13 land A, such as Sungnam-si, Sungnam-si C, etc.

The Plaintiff is the owner of the 16 square meters (off from F), G forest land, and 1 square meters (off from H) in the Sinnam-si, Sinnam-si, Ddong (hereinafter “Ddong”) E, and each land was incorporated into the instant project.

B. In order to acquire land through consultation within the instant project district, the Defendant prepared a compensation plan that includes the subject of compensation, the timing and method of compensation, the method of consultation, the calculation of compensation, and the details that landowners may recommend appraisal business entities by meeting certain requirements (hereinafter “instant compensation plan”) pursuant to Article 15(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). On February 26, 2019, the Defendant publicly announced that the instant compensation plan shall be perused by setting the period from February 26, 2019 to March 13, 2019, on the bulletin board of the Si/Gu Office of Seongbuk-gu, Seongbuk-gu, Si, Seongbuk-gu, Si, Manam-si, Manam-si, and notified the owners of land within the instant project district including the Plaintiff individually.

C. The Plaintiff received the above individual notice from the Defendant on March 5, 2019, and thereafter filed a civil petition with the purport that the period (eight days) up to March 13, 2019, which was the closing date of the perusal period, falls short of 14 days for the perusal period prescribed in Article 15(2) of the Land Compensation Act. In consideration of the Plaintiff’s civil petition, the Defendant, based on the Plaintiff’s civil petition, determined the period from April 17, 2019 to May 2, 2019 to re-inspection of the compensation plan in the same manner as earlier.

Since then, the defendant obtained authorization for the implementation plan for the project of this case and obtained on September 2019.