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(영문) 서울고등법원 2020.02.06 2019누57307
수용재결신청청구거부처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

Details of the disposition

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance (section 5 and the last part) is the same as that of the corresponding part of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

Plaintiff’s assertion

Since the defendant received a request for adjudication from the plaintiff suffered agricultural loss, the defendant rejected the request within 60 days from the date of the request in accordance with Article 24 (7) of the Korea Water Resources Corporation Act and Article 30 of the Land Compensation Act.

Therefore, the reply of this case is unlawful because the plaintiff deprived of the opportunity to compensate for agricultural loss.

The attached details of the relevant statutes shall be as specified in the statutes.

The validity of the project approval of this case was extinguished as the project implementation period of this case was elapsed on or around December 2012, the summary of the Defendant’s assertion on the prior defense on the merits of this case.

Therefore, pursuant to Article 24 (2) of the Korea Water Resources Corporation Act and Article 22, 23, and 28 of the Land Compensation Act, the defendant was unable to file an application for adjudication with the competent Land Tribunal, and the plaintiff also became unable to file an application for adjudication on the premise of the validity of the

As such, the answer to the purport that the Plaintiff did not accept the Plaintiff’s claim for adjudication does not affect the Plaintiff’s right or legal interest, and thus does not constitute a disposition subject to an appeal litigation. Therefore, the instant lawsuit is unlawful.

Judgment

The term "disposition", which is the object of an appeal litigation, means the exercise or refusal of public power as an enforcement of law with respect to a concrete fact by an administrative agency, and other corresponding administrative actions.

(Article 2(1)1 of the Administrative Litigation Act. Whether an administrative agency’s act can be subject to an appeal cannot be determined abstractly and generally, and the contents and purport of relevant statutes and the act.

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