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(영문) 울산지방법원 2015.10.22 2014가합389

수용보상금

Text

1. The Defendant: (a) KRW 974,450 for each of the Plaintiff A and B; and (b) KRW 1,315,600 for each of the said money to Plaintiff C; and (c) on January 21, 2014 for each of the said money.

Reasons

1. As to the claim of this case, the Plaintiffs asserted illegality of the adjudication based on the error in appraisal, which served as the basis of the adjudication, under the title of “the illegality of the adjudication” as to the claim of this case, and asserted that, without mentioning the legal basis of the claim, the Defendant, the project implementer, is obligated to pay “the difference between fair compensation and the adjudication compensation” (the complaint of this case), and that the claim of this case is seeking an increase in compensation pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(C) Article 85(2) of the Land Compensation Act provides that “The claim in this case shall be deemed as a lawsuit seeking an increase or decrease in the amount of compensation as stipulated in Article 85(2) of the Land Compensation Act.”

Meanwhile, although Article 85(2) of the Land Compensation Act provides that a lawsuit seeking an increase or decrease of compensation shall be an administrative litigation as a party litigation under public law, Article 7 of the Administrative Litigation Act provides that a lawsuit shall be transferred to the competent court by applying Article 34(1) of the Civil Procedure Act in cases where an administrative litigation has been filed to a court different in the instance without the plaintiff's intention or gross negligence, and that a transfer to the competent court is desirable in terms of the relief of the party's rights or the economy of litigation, since it is desirable for the plaintiff to bring the case to be brought as an administrative litigation without any intention or gross negligence, in cases where the plaintiff made a mistake in a civil litigation without any intention or gross negligence, the court of the lawsuit shall deliberate and determine it as an administrative litigation if it has jurisdiction over the administrative litigation (see Supreme Court Decision 95Da28960, May 30, 1997), Article 2 of the Addenda to the Court Organization Act (No. 4765, July 27, 1994).

2. Grounds for recognition of circumstances for ruling: