수용재결취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty B Co., Ltd. (hereinafter “project operator”) is a project operator who has obtained approval [the Ministry of Trade, Industry and Energy’s announcement E ( October 29, 2015) from the Minister of Trade, Industry and Energy) of the implementation plan for the “D Business” (hereinafter “instant business”), which is an electric source development business that constructs two power generation facilities in Gangseo-si C.
B. After approval of the instant project implementation plan, the project implementer had consulted with the Plaintiff for the relocation of the building, etc. on the Yung-si F ground (hereinafter “instant building”), which is included in the instant project site, but did not reach an agreement. The project implementer filed an application for adjudication with the Defendant on June 8, 2017, and the Defendant rendered a ruling to accept the Plaintiff’s compensation amounting to KRW 42,534,600.
C. The Plaintiff asserted that, since the instant building was owned by Nonparty G, not the Plaintiff, the said adjudication on expropriation that became the owner of the instant building was unlawful. However, the Defendant dismissed the Plaintiff’s objection in the instant adjudication on February 22, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 10, and 11, and purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is not the Plaintiff’s ownership but the Plaintiff’s ownership of Nonparty G.
Since the defendant knew or could have known that the plaintiff was not the owner of the building of this case at the time of the above ruling of expropriation, the ruling of expropriation of this case on the premise that the building of this case was owned by the plaintiff should be revoked illegally.
B. In the case of land expropriation under the relevant laws, Land Expropriation Act, etc., if the entrepreneur cannot be aware that he/she is a genuine landowner without negligence, the effect of the expropriation cannot be denied if he/she has completed the procedure of expropriation by designating the rightful owner as the recipient.