수용재결취소등
1. The plaintiff's appeal is dismissed.
2. The appeal cost (including the cost of participation) shall be borne by the Plaintiff.
1. The Plaintiff seeks the revocation of the adjudication on expropriation by the Central Land Expropriation Committee (hereinafter “Defendant Committee”) on September 26, 2013 and the adjudication on expropriation by February 20, 2014, respectively. In addition, the Plaintiff seeks an increase in the compensation for expropriation under the premise that the said adjudication on expropriation by the Defendant Gwangju Metropolitan City is valid against the Defendant Gwangju Metropolitan City. Such form of lawsuit constitutes a preliminary co-litigation by the Defendant under Article 8(2) of the Administrative Litigation Act, Article 70(1) of the Civil Procedure Act, where a claim against part of the co-litigants is legally incompatible with that against other co-litigants.
However, the court of first instance dismissed all of the plaintiff's main claims and partly accepted the conjunctive claims. Accordingly, the plaintiff appealed only to the main claims among the part against the judgment of the court of first instance, and the defendant Gwangju Metropolitan City did not appeal as to the conjunctive claims against the judgment of the court of first instance.
Therefore, inasmuch as the Plaintiff filed an appeal as to the primary claim, the judgment against the conjunctive Defendant Gwangju Metropolitan City, which needs to be jointly determined in relation to the Defendant Committee, shall be transferred to the first instance and this Court shall be subject to adjudication (Article 70(2) of the Civil Procedure Act). However, such ancillary Defendant Gwangju Metropolitan City is in the position of “party to the appellate trial” who did not appeal without filing an appeal.
2. Details of the adjudication on acceptance of the case and its objection;
A. (1) The Plaintiff is the owner of each parcel of land indicated in the column for indicating “land” as indicated in the attached Table 1 list (hereinafter “instant land”) and the “goods display column” as indicated in the attached Table 2 list (hereinafter “instant obstacles”), and is “D hotel” in the Seoul Special Self-Governing Province Co., Ltd. (hereinafter “instant obstacles”).