지장물수거
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
The plaintiff's ground for the plaintiff's claim has acquired the land from the defendant who owns the land in the project district in Gangnam-gu, Seoul (hereinafter "the land in this case"), and even if the compensation procedure was implemented for the obstacles in the attached list on the land and the land in this case, the defendant did not collect the obstacles in the attached list and requested the defendant to collect the obstacles in the attached list.
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
Article 27(1) and (6) of the Special Act on Public Housing provides that “A public housing project operator may expropriate or use land, etc., if necessary for the development of a housing zone. Except as otherwise expressly provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall apply to the expropriation or use of land, etc. pertaining thereto.”
Meanwhile, according to the Land Compensation Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(2)), and pay or deposit compensation adjudicated by the Land Tribunal until the commencement date of expropriation (Article 40(1) and (2)), landowners and persons concerned, and other persons who are not landowners or persons concerned but have a right to the land expropriated or the goods on such land shall transfer or transfer such land or goods to a project operator by the commencement date of expropriation.
(Article 43). If a person liable to perform the obligation under the Land Compensation Act fails to discharge the obligation within the prescribed period, vicarious execution may be made under the conditions as determined by the Administrative Vicarious Execution Act.
(Article 89(1) and (2). Comprehensively taking account of these relevant provisions,