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(영문) 서울행정법원 2017.09.28 2017구단59294
보상금증액
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Under Article 6 of the Special Act on the Construction of Bogeumjari Housing, etc., the Minister of Land, Transport and Maritime Affairs designated the Seoul Yangwon District as a Bogeumjari Housing District and announced it on December 30, 2010 by the Ministry of Land, Transport and Maritime Affairs No. 2010-1027.

The defendant is the project operator.

In this project district, the Plaintiff is the owner of two lots outside of 251-1 tea 2,876§³, Jung-gu, Seoul, and the Defendant applied for the adjudication of expropriation to the Central Land Expropriation Committee, which did not consult with the Plaintiff on the compensation for losses. On August 25, 2016, the Central Land Expropriation Committee decided to expropriate the Plaintiff’s land by setting the commencement date of expropriation as October 18, 2016.

On August 31, 2016, the Plaintiff received the authentic copy of the written adjudication of confinement and appealed, and filed an objection with the Central Land Expropriation Committee on November 29, 2016.

On March 23, 2017, the Central Land Tribunal dismissed the Plaintiff’s objection on the ground that the Plaintiff’s objection was unlawful on the ground that 30 days from the date of receiving the authentic copy of the written adjudication of acceptance. The said written adjudication was served on the Plaintiff on March 30, 2017.

On April 25, 2017, the Plaintiff filed the instant lawsuit seeking the increase in compensation for the above expropriated land in this Court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The defendant's judgment on the defense before the merits of the case is unlawful, since the period for filing the lawsuit of this case has expired, since the lawsuit of this case was filed.

According to Articles 83 and 85(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), an objection against a ruling of expropriation shall be filed with the Central Land Expropriation Committee within 30 days from the date of receipt of the authentic copy of the written ruling of expropriation, and if an objection has been filed, an administrative litigation may be filed within 30 days from the date of receipt of the written ruling on an objection.

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