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(영문) 춘천지방법원 2020.01.07 2018구합5923

수용재결서효력무효

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Case history

A. The Korea Land and Housing Corporation is an implementer of an urban development project (BP) and agreed with the Plaintiff to acquire the land and things on the land, which is owned by the Plaintiff, but filed an application for the adjudication of expropriation in order to not reach an agreement.

B. The Defendant is the Korea Land and Housing Corporation on June 23, 2016.

The court ruled that the land described in the subsection shall be expropriated, the obstacles shall be transferred, and the compensation for the loss shall be 380,595,000 won shall be determined.

(16) Expropriation 0172, hereinafter referred to as “instant acceptance ruling”).

around that time, the defendant did not have the name and seal of the chairperson and the members with respect to the ruling of acceptance of this case, and sent to the plaintiff a written ruling in which "the original copy", "Central Land Committee", and "Secretary D" (hereinafter referred to as "documents of this case") are stated at the bottom.

[Judgment of the court below] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of whole pleadings

2. The document of this case asserted by the plaintiff is not the original copy of the written ruling because there is no signature and seal of the chairperson and the members present at the meeting.

3. Article 34 (Adjudication) (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects by the Land Tribunal shall be made in writing;

(2) The written adjudication referred to in paragraph (1) shall contain the order and reasons therefor and the date of adjudication, and be served with the signature and seal of the chairperson and members present at the meeting, and the original copy thereof shall be served on the project operator

4. Determination ex officio as to the legitimacy of the instant lawsuit

A. Article 4 Subparag. 2 of the Administrative Litigation Act defines “litigation seeking confirmation, such as nullity, etc.,” as “litigation seeking confirmation of the validity or existence of an administrative agency’s disposition, etc.” (Article 4 Subparag. 2), and “disposition, etc.,” as an enforcement of law on specific facts conducted by an administrative agency, such exercise or refusal of public power, and other related matters