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(영문) 수원지방법원 2013.04.18 2012구합11127
토지수용재결처분취소등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2008, the Minister of Land, Transport and Maritime Affairs publicly announced the 2008-393 of the Ministry of Land, Transport and Maritime Affairs after approving the implementation plan for the 16th housing site development project implemented by the Defendant (hereinafter “instant project”).

B. Plaintiff A, around 194, and around 1998, Plaintiff B constructed each of the buildings listed in the separate sheet (hereinafter “instant obstacles”) on the ground of 414,838 square meters (hereinafter “instant land”) of Manam-si, Sungnam-si, Sung-gu, Sung-gu, the State-owned land (hereinafter “instant land”), and occupied and used them from that time.

C. On August 30, 2011, Korea filed a lawsuit against the Plaintiffs regarding the removal of obstacles in the instant case and the delivery of the site thereof with the Suwon District Court Sung-nam Branch 201Ga4512, and received a favorable judgment from the said court on August 30, 201.

The plaintiffs dissatisfied with this appeal filed by Suwon District Court No. 2011Na33969, but on February 3, 2012, the above winning judgment became final and conclusive on April 7, 2012 after receiving the dismissal of appeal from the above court.

As the plaintiffs demanded compensation for the obstacles of this case, the defendant applied for a ruling to the Central Land Expropriation Committee. On June 22, 2012, the Central Land Expropriation Committee decided on June 22, 2012 that the obstacles of this case, which were installed without permission on the land of this case, are not subject to compensation without legitimate right, such as entering into a loan agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, Eul evidence Nos. 1 to 3 (including additional numbers), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. Prior to August 5, 2008, the announcement date of the implementation plan of the project of this case, the plaintiffs asserted that the obstacles of this case, such as residential buildings and warehouses, were installed on the land of this case. From January 12, 2000 to January 12, 200, the Ministry of National Defense, which is the management authority of the land of this case, obtained the land use approval explicitly.

The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter referred to as the "Public Works Act").

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