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(영문) 서울고등법원 2016.11.18 2016누37760
수용재결취소등
Text

The appeals by the plaintiffs against the Central Land Expropriation Committee are dismissed.

The plaintiffs' defendant Korea Gas Corporation.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where the defendant Gas Corporation filed an application for the adjudication of land expropriation with respect to the land owned by the plaintiffs in order to set up natural gas supply facilities as a project site, and the defendant committee received such application by the defendant committee to seek the revocation of the adjudication of land expropriation on part of the land subject to expropriation and the implementation of the procedure for cancellation of registration of land transfer registration to the defendant Gas Corporation on the ground that the defendant Gas Corporation's conjunctive gas corporation's compensation for damages on the land subject to expropriation is an amount unfairly lower than the amount of compensation for the expropriation by the defendant gas corporation as the defendant, and that the defendant gas corporation seeks an increase in the amount of compensation for damages based on Article 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").

The judgment of the court of first instance dismissed both the plaintiffs' request for cancellation of acceptance decision against the defendant committee and the request for cancellation of ownership transfer registration against the defendant gas corporation, accepted part of the claim for the amount of compensation for losses to the defendant gas corporation, dismissed the remainder of the claim, and the plaintiffs and the defendant gas corporation appealed appealed against the part against which they lost.

[Related Acts and subordinate statutes] Attached Table 1

B. On the premise, 【Evidence” 1-1, 2, A10, A11, and B-21 of A-1-1-1, and the purport of the entire pleadings (i.e., the Plaintiffs are the owners of the land subject to the attached list 2 to be incorporated in D projects implemented by the Defendant Gas Corporation, and the Defendant Gas Corporation is the project implementer that carries out D projects, and the Defendant Committee is the committee established in the Ministry of Land, Infrastructure and Transport to make a ruling on the expropriation and use of land

The implementation plan of the Defendant Gas Corporation has been approved.

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