수용재결신청 각하처분 취소
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of ruling;
A. On August 26, 2008, the Minister of Land, Transport and Maritime Affairs publicly announced C by the Ministry of Land, Transport and Maritime Affairs, determined and announced a road zone for D Project (hereinafter “instant project”).
B. As the implementer of the instant project, the Defendant Korea Expressway constructed a tunnel (hereinafter “instant tunnel”) through which each of the lands listed in the separate sheet owned by the Plaintiffs (hereinafter collectively referred to as “instant land”) for the instant project passes through the underground. The instant tunnel is located around approximately 205 meters from the ground level to 157 meters below the instant land.
C. The Plaintiffs filed an application for adjudication of expropriation with Defendant Korea Highway by demanding compensation for each of the instant lands. However, on February 7, 2014, Defendant Korea Highway Corporation rendered a disposition rejecting the Plaintiffs’ application for adjudication (hereinafter “instant refusal disposition”) on the grounds that the Plaintiffs stated that “the instant land is not subject to compensation and application for adjudication as the land located outside of the instant business district” (hereinafter “instant land”).
On March 10, 2014, the plaintiffs filed a lawsuit against the defendant Korea Highway Corporation seeking revocation of the instant refusal disposition (U.S. District Court 2014Guhap1933), and on November 20, 2014, the plaintiffs filed a claim for adjudication on the ground that the plaintiff did not reach an agreement with the defendant Korea Highway Corporation on the losses incurred by the construction of the instant tunnel in the underground of the instant land. However, the defendant Korea Expressway Corporation, which is a project implementer, shall file an application for adjudication with the competent Land Tribunal to deal with the affairs pertaining to the compensation according to the decision, and shall not reject the plaintiffs' request for adjudication itself on the ground that the defendant Expressway Corporation itself is subject to compensation. The above decision became final and conclusive at that time.
(e) The Korea Highway Corporation shall do so.