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(영문) 서울행정법원 2018.01.12 2017구합4352
토지사용 재결처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff (competent: Yangsan Regional Forest Administration Office) is the owner of eight lots of forest land listed in the attached Table 1 and 2 (hereinafter “instant forest land”).

The forest of this case is all administrative property.

B. The Korea Rail Network Authority (hereinafter referred to as the “instant project implementer, and in relation to the interpretation of the statutes, the “Corporation” is referred to as the “Corporation”) shall prepare an implementation plan and obtain approval from the Minister of Land, Infrastructure and Transport pursuant to Article 15(1) of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as the “Private Investment Act”), and the Minister of Land, Infrastructure and Transport publicly announced the implementation plan under Article 2014-330 of the Ministry of Land, Infrastructure and Transport’s announcement on June 5, 2014 pursuant to Article 15(2) of the same Act.

The instant project implementer consulted with the Minister of the Korea Forest Service in order to use the forest of this case, but filed an application for the decision to use the forest of this case with the Defendant.

C. On November 10, 2016, the Defendant rendered a ruling that “the instant project implementer shall use the forests and fields listed in paragraph (1) of the attached Table for the instant project, and the compensation for losses shall be KRW 1,088,890. The starting date of use shall be January 3, 2017, and the period of use shall be the starting date of use shall be the starting date of use, and the period of use shall be the ending date of the facility.” On December 8, 2016, the Defendant rendered a ruling that “the instant project implementer shall use the forests and fields listed in paragraph (2) of the attached Table for the instant project and compensate for losses shall be KRW 327,390. The starting date of use shall be January 31, 2017, and the period of use shall be the starting date of use shall be the period from

(hereinafter above two rulings are collectively referred to as "each of the instant rulings"). D.

The Plaintiff appealed to each of the instant rulings and filed separate objections against the Defendant, but the Defendant dismissed all of the objections on May 25, 2017.

[Ground of recognition] Unsatisfy, Gap 1 to 3, .

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