토지수용취소등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Defendant is the project implementer of the “B Do-gun Construction Project” (hereinafter “instant project”), and the Plaintiff is the owner of 249 square meters in Busan-gun, Busan-gun, Busan-gun, Inc. (hereinafter “instant land”).
B. Under Article 9(8) of the Railroad Construction Act, Article 14(3) of the Enforcement Decree of the Railroad Construction Act, and Article 30 of the National Land Planning and Utilization Act, the instant project implementation plan was approved and announced as follows.
- Public notice of the Ministry of Construction and Transportation on August 8, 2003 - B- Public notice of the Ministry of Land, Infrastructure and Transport on January 18, 2006: Incorporation of the instant land into 116 square meters - F- Public notice of the Ministry of Land, Infrastructure and Transport on June 13, 2011: Incorporation of the instant land into 133 square meters - G public notice of the Ministry of Land, Infrastructure and Transport on April 2, 2014: Incorporation of the instant land premise
C. The Defendant filed an application for adjudication with the Central Land Expropriation Committee pursuant to Article 28 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) as it had consulted with the Plaintiff to acquire the instant land to be incorporated into the instant project, but did not reach an agreement. The Central Land Expropriation Committee held on February 9, 2017 that “the Defendant has a legitimate authority to expropriate the instant land, etc. incorporated into the instant project,” and that the assertion that changed from the method of use other than the method of expropriation should be the premise for the change of the project approval and the announcement of the instant project approval, but does not deal with the instant change of the project approval, because it is not a matter of adjudication by the Land Expropriation Committee.”
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, and 3, Eul evidence 1, 2, and 3 (each number is included; hereinafter the same shall apply)
each entry, the purport of the whole pleading
2. Determination on the defense prior to the merits
A. The defendant's assertion 1.