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(영문) 춘천지방법원 2015.04.22 2014구합5567
수용재결취소
Text

1. The claim of this case is dismissed.

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

Reasons

1. Details of the disposition;

(a) Business approval and public notice - Business name: C development project (hereinafter referred to as “instant project”): - Project operator: Mesz fire and marine insurance company (hereinafter referred to as “Mesz fire”) - Project area - Announcement of implementation plan - Announcement of Gangseo-si on March 13, 2012 - Announcement of Gangnam-si on April 24, 2013: F Public Notice of Gangseo-si on April 24, 2013, public notice of change of implementation plan: G on May 21, 2013, and public notice H on October 21, 2013.

B. The instant expropriation adjudication - Compensation for losses: 142,59,360 won (79,855,100 won for the instant land among them) - The date of commencement of expropriation: April 7, 2014.

On August 21, 2014, the Central Land Tribunal rendered a ruling dismissing the Plaintiff’s objection to the instant land.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 (including a tentative number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Even if the Plaintiff’s assertion Mez fire does not accept the instant land, there is no impediment to implementing the instant project, and thus, the instant acceptance ruling is unlawful against the principle of proportionality, the necessary minimum principle, and the urgency principle.

B. 1) Determination 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”)

(ii)The portion of the project which is the first stage of expropriation shall be entrusted to the project approval body in the determination of the public interest of the project (in particular, the location and area of the expropriated land shall be within the exclusive authority of the project approval body;

In light of the provisions of Article 50(1) of the Public Works Act enumerated by the Land Tribunal as a limitation on the land expropriation procedures, the land tribunal shall have the authority to decide the specific expropriation and use thereafter.

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