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(영문) 수원지방법원 2018.03.20 2017구합71155
행정대집행 영장 발부 처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a project implementer that implements a project for planned urban facilities (J Green Park creation project; hereinafter “instant public project”) that is authorized and publicly notified pursuant to relevant Acts and subordinate statutes (as of May 28, 2014), the public notice of Sungnam-si is H (as of May 30, 2016), and the public notice of Sungnam-si is given I (as of June 7, 2016).

B. The Plaintiffs installed obstacles, such as breeding farms, on the ground of the land within the instant public works area (hereinafter “in the instant case”), before the public works project approval is published, and thereafter engaged in livestock business, etc. (hereinafter “the instant business”).

C. On July 31, 2017, the Gyeonggi-do Regional Land Tribunal: (a) determined the date of expropriation as of September 14, 2017 as of the date of compensating for the transfer of obstacles to the instant case; and (b) made a ruling dismissing the Plaintiffs’ claim for compensation for losses concerning the instant business (hereinafter “instant expropriation ruling”).

On September 21, 2017, the Defendant provided guidance for the administrative vicarious execution with the following contents as to the Plaintiffs. On October 11, 2017, the Defendant moved back to the same purport.

On July 31, 2017, the Gyeonggi-do Land Tribunal has been adjudicated as obstacles, and on September 12, 2017, the compensation for obstacles was deposited in the court.

However, it shall be omitted so that obstacles may be restored to the original state voluntarily until October 9, 2017, because they may not be removed or removed continuously.

If the restoration to the original state is not performed by the above deadline, it shall be vicariously executed, or made by a third party, in accordance with Article 2 of the Administrative Vicarious Execution Act.

As the plaintiffs did not comply with the above order, on November 21, 2017, the defendant notified the plaintiffs of the warrant of vicarious administrative execution for the transfer or removal of the obstacles of this case (hereinafter referred to as the "disposition of this case").

[Grounds for Recognition] Unsured Facts, Gap evidence 1, 2 (including a serial number; hereinafter the same shall apply), Eul 1, 2, 5, 5.

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