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(영문) 의정부지방법원 2015.02.10 2013구합16208

손실보상금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff asserted that "D" was operated from around 1992 to around 1, 192, D (hereinafter "B"), and set up relevant obstacles on each land as stated in the "land lot number table" in attached Table "B". On December 27, 2004, the defendant obtained permission for occupation and use of C and E (from January 1, 2005 to December 31, 2009 during the occupancy and use period) from the defendant, and occupied them. On February 28, 2007, the contract for land use with the Korea Atomic Power Co., Ltd. and F (from January 1, 2007 to December 31, 2009) on compensation for damages for damages for the above land owned by the plaintiff, the defendant did not interfere with the plaintiff's right to use and make compensation for damages for damages for the damages for the above land and the above land owned by the non-party 3, the right to use and the right to use damages for delay for the above land and the right to compensate for damages for damages for damages for the above land.

2. The defendant, as to whether the lawsuit of this case is lawful, defends that the lawsuit of this case is unlawful as it was filed without the adjudication procedure.

According to the provisions of Articles 26, 28, 30, 34, 50, 61, and 83 through 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), land owners and persons concerned (hereinafter “land owners, etc.”) under subparagraphs 4 and 5 of Article 2 receive compensation for damages from a project operator for expropriation or use of land, etc.