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(영문) 광주지방법원 2014.08.14 2013구합2709
토지수용재결취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff and the Appointed (Appointed) are the owners of the land indicated in Table 1 attached Table 2 and the goods indicated in Table 2 attached hereto (hereinafter “the land and goods of this case”).

(b) Authorization and public announcement of an implementation plan for a project for a facility for the development of the solar Gun: B development project (stage 2 of the C development project; hereinafter referred to as the "project in this case"): A limited liability company (hereinafter referred to as the "D") - Authorization on March 14, 2013 and public announcement on March 20, 2013 (Public Notice E)

C. On September 27, 2013, the Defendant’s ruling of expropriation D consulted with the owner, etc. to acquire the land to be incorporated in the instant project, but failed to reach an agreement, and filed an application for adjudication with the Defendant.

Plaintiff

In the adjudication process, D alleged that the designation of the project implementer and the authorization of the implementation plan were illegally obtained, and the Defendant rejected the Plaintiff’s assertion that it does not deal with the adjudication as stipulated in Article 50(1) of the Public Works Act, and made a ruling of acceptance (hereinafter “instant adjudication of acceptance”) as seen thereafter.

Contents of the adjudication on expropriation of this case - Each land and article of this case - The date of commencement of expropriation: November 11, 2013 - Compensation for losses: 581,770,910 won [based on recognition]; Gap's evidence 1, 6, Eul's evidence 1; and the purport of the whole pleadings

2. The plaintiff's assertion or relevant statutes;

A. The plaintiff et al. asserts that the adjudication of acceptance of this case should be revoked illegally because the following defects are found.

1) The instant application for expropriation ruling is a project operator who is an illegal application for expropriation in violation of the prior procedure. (1) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) shall apply when publically announcing a compensation plan for acquisition through consultation prior to the expropriation of land.

(b).

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