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(영문) 울산지방법원 2017.05.25 2016구합6164
보상금 증액 등
Text

1. The Defendant’s KRW 111,712,165 as well as the Plaintiff’s annual rate from August 30, 2016 to May 25, 2017, and the following.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: Yangsan C development project - Public notice of a business implementation plan: D public notice of the Gyeongnam-do on January 29, 2015, and notification E of the Gyeongnam-do on September 10, 2015 - Business operator E: Defendant;

(b) Gyeongnam-do Regional Land Tribunal’s ruling of expropriation on December 28, 2015 - Land subject to adjudication of expropriation: Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) - Date of expropriation: February 16, 2016 - Compensation for losses: 13,514,74,710 won;

C. The Central Land Tribunal’s ruling on an objection (hereinafter “adjudication on an objection”) dated May 26, 2016 - Contents of the ruling: Each entry in Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the entire pleadings, as a whole, that the compensation for losses for each of the instant lands has been increased to KRW 13,575,751,460.

2. Judgment on the main defense of this case

A. The Defendant’s ruling of objection by the Central Land Expropriation Committee was made on May 26, 2016, and the Plaintiff’s lawsuit was filed on August 22, 2016, and was served on a short period from the date when the written ruling of objection in accordance with the empirical rule was rendered. Therefore, the instant lawsuit ought to be dismissed on the ground that it did not comply with the filing period.

B. According to Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, if a landowner has filed an objection, an administrative litigation may be instituted within 30 days from the date of receiving a written adjudication on the objection.

According to the results of fact-finding by the Central Land Tribunal of this Court, the Plaintiff may be deemed to have received a written adjudication on July 21, 2016, and the fact that the Plaintiff filed the instant lawsuit on August 22, 2016 is obvious in records.

On August 20, 2016, the date 30 days from the date on which the plaintiff received the written adjudication on the plaintiff's filing of an objection, is Saturday, and on August 21, 2016, the next day is Sundays, and thus, the period for filing an objection is thereafter a legal holiday on Sundays.

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