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(영문) 대구고등법원 2015.11.20 2014누6075
행정대집행 비용납부명령 처분 취소청구
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the order of revocation below shall be revoked, and

Reasons

1. Details of the disposition;

A. On December 29, 2006, the Daegu Metropolitan City Mayor (Seoul Metropolitan City Mayor) designated and publicly announced the 7,270,557 square meters in Daegu-si, Daegu-gu, Daegu-si, as E industrial complex, and changed and publicly announced the project implementer of the said industrial complex development project (hereinafter “instant project”) to the F notified in Daegu Metropolitan City on April 30, 2007, to the Korea Land Corporation.

Since May 22, 2009, Korea Land and Housing Corporation comprehensively succeeded to all rights and obligations of Korea Land and Housing Corporation under Korea Land and Housing Corporation Act (Act No. 9706).

B. The Plaintiff, upon obtaining permission from the Republic of Korea to occupy and use a river from the Republic of Korea, owned one unregistered detached house with the one-story roof of earth and sand slate (hereinafter “instant building”) and trees on the land owned by the Republic of Korea, the Plaintiff was divided into H (hereinafter “instant land”). On February 24, 2012, 6,921 square meters of the instant G land was divided into H (hereinafter “instant land”) and was incorporated into the instant project district.

C. The Korea Land and Housing Corporation filed an application for adjudication of expropriation with the Central Land and Housing Corporation on July 17, 2012, as the Plaintiff and the instant building and the instant land agreed on the compensation for obstacles, such as trees on the ground, but did not reach an agreement. On September 14, 2012, the Central Land and Housing Corporation made an application for adjudication of expropriation on September 14, 2012, stating that “(i) the project implementer shall transfer the goods on the instant land for the instant project, and the compensation shall be KRW 104,711,80 in total, and the compensation for losses shall be KRW 104,71,800 in total. ② The commencement date of expropriation shall be October 15, 2012 (hereinafter “instant adjudication of expropriation”), and the written adjudication of expropriation

The sum of the above compensation for losses of KRW 104,71,80 is the total sum of KRW 300,000,000, such as 1,135,500, 1987,300, 92,000, toilets of KRW 496,500, such as wells, etc. of the instant building.

The Korea Land and Housing Corporation shall not exceed the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on October 10, 2012.

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