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(영문) 대전지방법원 2015.10.08 2015구합228

토지수용재결취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 8, 2013, pursuant to Article 4 of the Act on National Defense and Military Installations Projects, the Minister of National Defense publicly announced the national defense and military installations projects (C projects; hereinafter “instant projects”) in which the project implementer is the head of the National Defense Facility Headquarters as a project implementer B.

B. In order to acquire land, etc. included in the instant project, such as 6,149 square meters, etc. owned by the Plaintiff, the head of the National Defense Facility Headquarters consulted with the Plaintiff, including the Plaintiff, but did not reach a partial agreement, applied for adjudication of expropriation to the Defendant. The Defendant rendered a ruling of expropriation on July 17, 2014.

(hereinafter referred to as “instant acceptance ruling”). C.

On July 23, 2014, the Plaintiff served the original copy of the instant written adjudication on acceptance, and submitted a written objection thereto to the Defendant on August 27, 2014.

(hereinafter referred to as “instant objection”). D.

On December 18, 2014, the Defendant rejected the instant objection on the grounds that the Plaintiff did not file an objection within 30 days from the day of receiving the authentic copy of the written adjudication of acceptance.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. The defendant has a defense that the lawsuit of this case is unlawful due to the lapse of the period for filing a lawsuit, and pursuant to Articles 83 and 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), the defendant shall file an objection to the defendant within 30 days from the date of receiving the original copy of the written adjudication on expropriation, and if the objection has been filed, he may file an administrative litigation within 30 days from the date of receiving the written adjudication on the objection, and if the objection has not been filed, he may file an administrative litigation within 60 days from the date of receiving the original copy of

B. However, there is a problem.