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(영문) 서울행정법원 2018.11.15 2018구단65579

보상금증액청구의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: Urban environment rearrangement project under B - Project implementer: Construction of life city for defendant and stock company - Public announcement of project approval: C publicly notified in Dongdaemun-gu Seoul Metropolitan Government on September 11, 2014;

B. The Seoul Metropolitan City Land Tribunal’s ruling of expropriation on July 28, 2017 - The target of expropriation: 57.74/806 shares of 1,031.4 square meters in Dongdaemun-gu Seoul Metropolitan Government D major 1,031.4 square meters owned by the Plaintiff - Compensation for losses: The date of commencement of expropriation cannot be known by the Plaintiff due to the Plaintiff’s failure to submit a written ruling of expropriation as a documentary evidence.

Ruling of the Central Land Tribunal on April 26, 2018 - Compensation for losses: 667,20,880 won (based on recognition), the fact that no dispute exists, the entries in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The plaintiff alleged by the defendant filed the lawsuit of this case 30 days after the date of receiving the written objection. The lawsuit of this case is unlawful as it was filed after the lapse of the time limit for filing the lawsuit of this case.

B. The main text of Article 85(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that “A project operator, landowner or person concerned may institute an administrative litigation within 60 days from the date of receipt of a written adjudication when dissatisfied with the adjudication under Article 34, and within 30 days from the date of receipt of a written adjudication on the objection when the objection was raised.”

However, according to the purport of the entire argument, the Plaintiff’s “Domestic Postal Service (Registration / Call) delivery meeting, etc. submitted by the Plaintiff along with the amendment of July 12, 2018.” According to the foregoing, the Plaintiff is served on April 26, 2018 by the Central Land Expropriation Committee’s written adjudication on objection, and the Plaintiff filed the instant lawsuit with the purport to seek an increase in compensation for losses on June 28, 2018, which is apparent that 30 days have elapsed since the date of receipt of the said written adjudication, and that the Plaintiff filed the instant lawsuit with the purport to seek an increase in compensation for losses on June 28, 2018.