수용재결취소등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of ruling;
(a) Business approval and public notice - Business name - Kimhae-D development project (hereinafter referred to as “instant project”): Public notice of business approval: E, etc. on March 20, 2014 - Business operator: A stock company: Offshore C&C and seven other companies (hereinafter referred to as “project operator”).
(b) Decision of expropriation made on December 1, 2015 by the local Land Tribunal of Gyeong-do (hereinafter referred to as “instant adjudication of expropriation”): The object of expropriation: The Plaintiff’s 909 square meters of forest land B and C, and 621 square meters of land (hereinafter referred to as “instant real estate”) owned by the Plaintiff - The starting date of expropriation: January 20, 2016: Compensation for losses: 143,713,890 won - The Land Appraisal Corporation and the Uniform Appraisal Corporation of Korea.
C. The Central Land Tribunal rendered an objection on January 19, 2017 (hereinafter “instant objection”) - The Plaintiff raised an objection against the adjudication of expropriation, but was dismissed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The gist of the Defendant’s main defense is as follows: “The instant lawsuit is sought for the revocation of the instant objection, and the Plaintiff’s claim ultimately would lose the validity of the instant adjudication on expropriation; thus, it should have been brought against the Defendant, not the Defendant, nor against the ordinary South-do Regional Land Expropriation Committee. Therefore, the instant lawsuit is filed against a non-party, or is unlawful as there is no benefit of lawsuit.”
B. According to the overall statements and arguments of evidence Nos. 1 and 3, the plaintiff had already filed a lawsuit against the local Land Tribunal of Gyeongnam-do seeking confirmation or seeking revocation of the adjudication on expropriation of this case (Seoul District Court 2016Guhap50141). Thus, the lawsuit of this case seeks revocation of the adjudication of this case against the defendant according to the plaintiff's clear intent.