토지수용이의재결처분취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of ruling;
(a) Authorization and Public Notice of Projects - Urban Development Project (hereinafter referred to as the “instant project”) - Public Notice: D-Project operator announced by the Ministry of Land, Transport and Maritime Affairs on May 18, 2012: Defendant Corporation
B. The Defendant Committee’s ruling of acceptance on November 10, 2016 (hereinafter “instant ruling of acceptance”) - Subject to compensation: Goyang-gu E on the ground (28 cases, such as hacks, etc.) in Gyeyang-gu: Compensation for losses: 34,309,000 won (general assessment) - Commencement date of expropriation: January 3, 2017.
The Defendant Commission’s ruling on objection (hereinafter “instant ruling on objection”) dated June 22, 2017 - Compensation for losses: Dismissal of an objection
(d) Defendant Committee’s ruling of acceptance on March 9, 2017 (hereinafter “instant nine expropriation”) - Subject to compensation: Goyang-gu E on the ground (17 cases, such as the office of Goyang-gu Moyang-si Office): Compensation for losses: KRW 71,026,100 (General Evaluation): - Date of commencement of expropriation: May 2, 2017
The Defendant Committee’s ruling on September 21, 2017 (hereinafter “instant ruling on objection 9”) - Compensation for losses: Each entry in Gap’s evidence Nos. 1, 2, 7, 8, 10, 13 (including spot numbers, if any), and the purport of the entire pleadings, as a whole.
2. Determination on the lawfulness of the instant lawsuit
A. Whether the lawsuit against the Defendant Committee is lawful or not 1) The lawsuit against the Plaintiff’s principal safety defense by the Defendant Committee against the Defendant Committee is practically a public works project act (hereinafter “Land Compensation Act”).
(2) Article 85(2) of the Land Compensation Act provides that “When an administrative litigation is filed in respect of an increase or decrease of compensation, if the person who files the lawsuit is the landowner or person concerned, the project operator shall be the defendant.”
Therefore, the lawsuit of this case against the defendant's committee is stipulated by the Land Compensation Act.