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(영문) 제주지방법원 2019.03.27 2017구합5915

수용재결취소등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The defendant is the project operator of the B business (hereinafter "the business in this case"). The plaintiff is one of the land incorporated into the business in this case, and is the spouse of the deceased G, who was the owner of the C farm site 9,660 square meters (hereinafter "the land in this case") and the D farm site adjacent thereto, 14,466 square meters, E farm site 5,061 square meters, and 7,397 square meters of the F farm site (hereinafter "the remaining land in this case").

B. 1) The Defendant’s Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall only be construed as “Land Compensation Act to expropriate land incorporated into the instant project.”

(2) On October 20, 2015, the Minister of Land, Infrastructure and Transport obtained project approval pursuant to Article 20, and the Minister of Land, Infrastructure and Transport publicly announced the contents thereof as H on October 20, 2015. (2) The Defendant applied for adjudication to the Central Land Expropriation Committee as it did not reach agreement on the acquisition of the land incorporated into the instant project, including the instant land. The Central Land Expropriation Committee rendered adjudication on September 29, 2016 on the commencement date of expropriation of the instant land on November 22, 2016.

3) On February 23, 2017, the Central Land Expropriation Committee rejected the Plaintiff’s claim on the grounds that even if accepting the instant land on February 23, 2017, it cannot be deemed significantly difficult to use each of the instant remaining land as a site for the past purpose, and made a ruling on the increase in the compensation for losses of the instant land. [Grounds for recognition] The Plaintiff did not dispute on the fact that there is no dispute, Gap’s 1 through 3, and 10 copies (including the number of copies; hereinafter the same shall apply) of the instant land.

each entry, the purport of the whole pleading

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

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