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(영문) 인천지방법원 2015.10.01 2015구합756
토지수용재결처분취소등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2013, the Busan City announced the authorization of the implementation plan C as a notice of Busan City on April 8, 2013 for the implementation of the construction works for building roads in the B district, and on September 15, 2014, the authorization of the implementation plan was publicly announced as D.

B. On October 27, 2014, Defendant Seocheon-si filed an application for adjudication with the local Land Tribunal of Gyeonggi-do on the land and buildings on the land owned by the Plaintiff located in the project site, and the Gyeonggi-do Land Tribunal of Gyeonggi-do decided on October 27, 2014 to accept the compensation for each of the above real estate owned by the Plaintiff at KRW 190,222,600.

(hereinafter referred to as “instant acceptance ruling”). C.

On December 9, 2014, Defendant Bocheon-si deposited KRW 190,222,600 for the Plaintiff’s compensation for losses (hereinafter “instant deposit”). On December 11, 2014, the Plaintiff claimed for the withdrawal of the instant deposit and received it.

At the time of the Plaintiff’s request for the withdrawal of deposit money, the term “request for the withdrawal of deposit money and the grounds for its objection” stated that “if an objection is raised at the time of the request for withdrawal, it shall be in the column for reservation, and if no objection is raised, it shall be in the column for the acceptance of deposit money, it shall be indicated in the column for the acceptance of deposit money.” The Plaintiff made an indication in the column for the “acceptance of deposit money and the withdrawal” and did not indicate in the column for the “inbound of deposit money.”

E. The Plaintiff filed an objection to the adjudication on the expropriation of the instant case with the Central Land Expropriation Committee prior to filing a claim for advance payment of the instant deposit, and the Defendant Central Land Expropriation Committee dismissed the Plaintiff’s objection on March 26, 2015 on the ground that the Plaintiff received compensation without reservation.

(hereinafter referred to as “the instant objection”). 【The ground for recognition - [the grounds for recognition -] The entry in Gap’s 1 through 3, 6 (including 6 numbers), Eul’s 1, Eul’s 1 and 2 (including 1 numbers), and the purport of the whole pleadings.

2. The plaintiff's assertion and the plaintiff's assertion.

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