beta
(영문) 수원지방법원 평택지원 2018.08.16 2018가단50510

보상금청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The counterclaim Defendant is a project implementer of G business (H publicly notified by the Ministry of Land, Transport and Maritime Affairs on May 30, 2008, hereinafter “instant business”) implemented in Pyeongtaek-si B, Cdong, Ddong, Edong, and F.

B. On April 2009, the counterclaim Defendant: (a) investigated obstacles in Pyeongtaek-si land to be incorporated in the instant business; (b) 1,229 square meters of land for a factory; (c) 406 square meters of J land for a factory; and (d) attached Table 1 on its ground; and (c) recorded obstacles in the building listed in the list (hereinafter “instant land and the instant building”); and (d) prepared a report of obstacles in September 11, 2009, the owner of the report of the investigation of obstacles entered in the KB as the KBA (e.g., attached Table 2; hereinafter “instant obstacles”) and made it available for public perusal in daily newspapers, but there was no objection.

C. On September 19, 2012, the counterclaim Defendant filed an application for adjudication with the Central Land Expropriation Committee on the ground that he did not reach an agreement with K Co., Ltd., the owner of the instant obstacles.

On the other hand, on June 10, 2003, the deceased L (hereinafter “the deceased”) opened and operated a personal business with K in the instant land and building, and died on November 25, 2009. The above business was closed on December 29, 2009.

On December 3, 2009, the Lessee newly opened his own business with K at the same address.

E. On January 18, 2013, the Central Land Tribunal, on March 13, 2013, determined the commencement date of expropriation as KRW 105,902,680 of the compensation for the obstacles of this case (hereinafter “instant compensation”). The Central Land Tribunal, on March 13, 2013, adjudicated the instant compensation.

F. In accordance with Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), a counterclaim Defendant is the National Health Insurance Corporation’s compensation amounting to KRW 105,902,680 following the adjudication of expropriation by taking the deceased L’s property heir M as a person to be a deposit on March 13, 2013, as Suwon District Court Decision No. 430, supra, and Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.