beta
(영문) 부산지방법원 2017.01.20 2015구합1107

손실보상금지급

Text

1. The Defendant: KRW 6,580,200, KRW 225,080 to the Plaintiff (Appointed Party); KRW 225,080, respectively; and each of them.

Reasons

1. Details of ruling;

(a) Business Approval and Public Notice - A waterfront development project (D) - Designation and Public Notice of a waterfront (Public Notice E, December 14, 2012) - Project developer: Defendant;

B. The Central Land Tribunal’s ruling of expropriation (hereinafter “instant adjudication of expropriation”) - Subject to expropriation: The land owned by the Plaintiff (Appointed Party) and the Appointor (hereinafter “Plaintiffs”) within the project area is indicated in the attached Table “subject to expropriation” as the land in the attached Table.

- Compensation for losses: as shown in the attached Table “Adjudication Amount for Expropriation” column.

- Commencement date of expropriation: January 13, 2015

The results of the expert appraisal by this Court (hereinafter referred to as the "court appraisal") - Contents of the expert appraisal: It shall be as stated in the column of "court appraisal amount" in the attached Table.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), appraiser F's appraisal result, the purport of the whole pleadings

2. According to Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Defendant filed a lawsuit within 60 days from the date of receipt of the written adjudication when he/she is dissatisfied with the adjudication of expropriation. As such, the Plaintiffs had filed a lawsuit by March 21, 2015, which is the 60th day from the date the service of the written adjudication became effective. The Plaintiffs filed the instant lawsuit on April 6, 2015, which must be filed on the date when the period for filing the lawsuit expires, to the effect that the instant lawsuit is unlawful.

The term "date when the party becomes aware of the disposition," which is the starting point of the filing period of a lawsuit under Article 20 (1) of the Administrative Litigation Act, means the date when the party becomes aware of the relevant disposition by means of notice, public notice, or other methods, and in case where the party is unable to serve the administrative disposition against a specific person on the Official Gazette, public bulletin, bulletin board, daily newspaper, etc. because it is impossible to do so for him/her to do so due to his/