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(영문) 수원지방법원 2015.09.03 2013구합13939

손실보상금

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

(a) Business name: A public notice of project approval and public notice of C general industrial complex development project 2: D public notice of Sungnam-si on April 13, 2009; E public notice of Sungnam-si on July 17, 2009; the F public notice of Sungnam-si on August 7, 2009; G public notice of Sungnam-si on January 10, 201; H public notice of Sungnam-si on November 8, 201; and I public notice of Sungnam-si on July 6, 2012; the Defendant:

(b) The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on April 15, 2013 (1) the land subject to expropriation and obstacles, and the amount of compensation for expropriation to the Plaintiff, the land subject to expropriation, and the amount of compensation for expropriation to the Plaintiff, which are 1/2 shares of 1,035,035,000 square meters of 1,51 square meters of 1,51 square meters of 1,51 square meters of 1,51 square meters of 1,51 square meters of 1,51 square meters of 1,51 square meters of 1,512 shares of 1,035,035,035,00 of 1,51 square meters of 1,51 square meters of J-gu, Sungnam-si, Sungnam-si, Sungnam-si, and the date of commencement of expropriation (2,337,220,0000 square meters of the K-si parking lot of 1,706 square meters of Jun. 17.

The order of the Central Land Tribunal’s objection No. 1 on August 22, 2013: The grounds for rejection of the Plaintiffs’ objection: The Plaintiffs received the authentic copy of the written adjudication of acceptance on April 22, 2013, and filed an objection on May 23, 2013, past 30 days from that time.

[Basis] Facts without dispute, Gap evidence 1-1, 2, 3-3-1, 2-2, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. As to the plaintiffs' assertion that the right amount of compensation for their own land subject to expropriation is the amount of appraisal by the court appraiser, and the difference between the amount of appraisal by the court appraiser and the amount of appraisal by expropriation, and damages for delay thereof, the defendant asserts that the lawsuit in this case was instituted after the lapse of the period for filing the lawsuit

B. According to Article 83(2) and (3) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a landowner may file an objection with the Central Land Expropriation Committee within 30 days from the date of receipt of the authentic copy of the written adjudication of expropriation where he/she has an objection to the adjudication of expropriation by the local Land Expropriation Committee. Article 85(1) of the same Act