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(영문) 대구지방법원 2017.07.20 2017구합277
토지수용재결처분취소등
Text

1. The plaintiff's lawsuit against the defendant Gyeongbuk-do Governor shall be dismissed.

2. The Plaintiff’s Central Land Expropriation Committee.

Reasons

1. Case history, etc.

A. On March 19, 2015, Gyeong-do determined a road zone to carry out the C Project (hereinafter “instant project”), publicly announced as D public notification of Gyeong-do on March 19, 2015, and applied for adjudication to the Defendant Central Land Expropriation Committee, as it did not reach an agreement on four parcels of land, such as Youngcheon-si E, the Plaintiff’s land to be incorporated in the said project, and ten obstacles, such as reduction trees on the F ground, etc.

B. On November 10, 2016, the Central Land Expropriation Committee rendered an adjudication on the compensation for losses on the above land and obstacles, including KRW 273,072,90, and the date of commencement of expropriation as of January 3, 2017 (hereinafter “instant adjudication”).

C. The Plaintiff filed an objection, and on February 23, 2017, the Central Land Expropriation Committee rendered an objection with the content that the compensation for the aforementioned expropriation was changed to KRW 288,937,260. D.

On February 7, 2017, the Youngcheon City Mayor implemented administrative vicarious execution for the removal of obstacles to the land that the Plaintiff did not remove by the designated date.

E. On March 29, 2017, the Plaintiff filed a lawsuit claiming the increase in land expropriation compensation with the Daegu District Court 2017Guhap20905, and is currently pending in the lawsuit.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 5, 6, 8, and 20, and the purport of the whole pleadings

2. Determination

A. Under the Administrative Litigation Act, a lawsuit seeking a performance judgment ordering an administrative agency to take a certain administrative disposition, or a lawsuit seeking a formation judgment ordering an administrative agency to directly conduct an administrative disposition having the same effect as the administrative agency rendered a certain administrative disposition is not allowed (see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 197). The lawsuit against the plaintiff against the defendant Gyeongbuk-do Governor is not allowed.

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