[토지수용재결처분취소][미간행]
Edification machines (Attorney Park Young-chul, Counsel for the defendant-appellant)
Central Land Tribunal 1
September 25, 2003
Gwangju District Court Decision 2001Gu2965 Delivered on July 18, 2002
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the plaintiff.
1. Purport of claim
The part corresponding to KRW 6,748,738,90 among the part that was dismissed by the Central Land Expropriation Committee (hereinafter referred to as the “Defendant Central Land Expropriation”) against the plaintiff on August 21, 2001 by the objection ruling against the plaintiff shall be revoked.
Defendant Republic of Korea shall pay to the Plaintiff 6,748,738,900 won with 5% interest per annum from April 28, 2001 to the first instance judgment, and 25% interest per annum from the next day to the day of full payment.
2. Purport of appeal
In the judgment of the court of first instance, the part against the plaintiff corresponding to the cancellation and performance order shall be revoked.
On August 21, 2001, the part corresponding to KRW 2,479,685,600 among the part that dismissed the plaintiff's objection in the objection ruling made against the plaintiff on August 21, 2001 shall be revoked.
Defendant Republic of Korea shall pay to the Plaintiff 2,479,685,600 won with 5% interest per annum from April 28, 2001 to the first instance judgment, and 25% interest per annum from the next day to the day of full payment.
1. Quotation of judgment of the first instance;
The reasoning for the court’s explanation on this case is as follows, and the court’s reasoning is identical to that of the first instance judgment except for partial alteration as follows. Thus, it is intended to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
(a) in the front and rear of the 6,748,738,900 Won for conduct 13 (2,479,685,600 Won for appeal).
B. Article 152-52 18,115 square meters of the fifth place of the first place of the road shall be limited to “152-15 forest land”, and Article 152-15,446 square meters of the 6th place of the road, and Article 17 of the "Dong" of the 6th place of the road shall be limited to “Dong, etc.” respectively.
C. The result of the appraisal commission to the Multilater Co., Ltd. was added as evidence insufficient to recognize that the instant judgment was unlawful.
D. According to the purport of the entry and pleading in the 5th parallel 4th parallel 5th parallel 4th parallel 1 to 4th parallel 8th parallel 5th parallel 4th parallel 5th parallel 2th parallel 5th parallel 8th parallel 5th parallel 8th parallel 8th parallel 5th parallel 5th parallel 4th parallel 5th parallel 5th parallel 5th parallel 4th parallel 5th parallel 5th parallel 4th parallel 5th parallel 152-15th parallel 18,46th 15th 1999, 152-15th 18th 15th 15th 1999, 1500 square 20th 15th 3th 15th 200, 3000 won and 15th 4th 5th 206th 4th 200 square m24th 15th 206th 3th 200.
2. Conclusion
Therefore, the plaintiff's claim of this case against the defendants is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed in its entirety, and it is so decided as per Disposition.
Judges Park Ha-young (Presiding Judge)