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(영문) 수원지방법원 2015.07.21 2015구합63372

토지수용에 따른 지장물보상금 등

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 the implementer of the housing site development project (C district housing site development project (15th) publicly notified by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009, and the plaintiff is the owner of a factory with obstacles to the Incheon Seo-gu D ground included in the project site.

B. On June 19, 2014, the Central Land Tribunal rendered a ruling of expropriation of the Plaintiff’s compensation amounting to KRW 4,126,060 (hereinafter “instant adjudication of expropriation”). On June 26, 2014, the Plaintiff was served with the authentic copy of the instant adjudication of expropriation. Around that time, the Plaintiff received a notice from the Defendant that “in the event of an objection against the instant adjudication of expropriation, the Plaintiff shall file an objection with the Central Land Tribunal within 30 days from the date of receiving the authentic copy of the written adjudication or immediately file an administrative litigation without going through the said adjudication.”

C. On August 26, 2014, the Plaintiff filed an objection against the instant adjudication on expropriation with the Central Land Expropriation Committee. However, on December 18, 2014, the Central Land Expropriation Committee rendered a ruling dismissing the Plaintiff’s objection on the ground that the Plaintiff’s objection was solely intended to file the relevant application period and is unlawful.

On January 29, 2015, the Plaintiff filed the instant lawsuit seeking the increase of compensation for losses.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 4, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. Article 83(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that “any person who is dissatisfied with an adjudication rendered by the Central Land Expropriation Committee under Article 34 may raise an objection to the Central Land Expropriation Committee.” Article 83(3) of the same Act provides that “The filing of an objection under paragraphs (1) and (2) shall be made within 30 days from the date of receiving the authentic copy of the written adjudication.”