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(영문) 부산지방법원 2018.02.02 2017구합20409
수용재결취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

A. Approval and Public Notice of Business - Construction of National Highway 2: Busan City-Troroth (hereinafter referred to as the “instant project,” and the area related to the said project is referred to as the “instant project area”): Public Notice No. 2010-53 (Public Notice of Determination of Road Zones and Topographical Map) of the Busan Regional Land Management Office on February 3, 2010, and No. 2010-383 (Public Notice of Items of Incorporated Land) of the same Notification on July 27, 2010 - Project operator under the jurisdiction of the Minister of Land, Transport and Maritime Affairs and the head of Busan Regional Construction and Management Office.

B. On October 23, 2015, the Defendant, including the acquisition of land owned by the Plaintiff, completed the registration of ownership transfer on the ground of an agreement on the land owned by the Plaintiff on October 16, 2015 with respect to the land owned by the Plaintiff for public use, which is 508-22 square meters of land owned by the Plaintiff and 42 square meters of land (508-45 square meters of land owned by the Plaintiff after expropriation) among the land for public use owned by the Plaintiff in Gyeyang-si, Gyeyang-gu, Busan-do, 508-26, and 508-27 square meters of land (a total area of 7,862 square meters of land owned by the Plaintiff; hereinafter referred to as “land expropriated in this case”).

C. (1) On October 7, 2015 and January 8, 2016, the Plaintiff filed a claim for purchase of the remaining land of this case with the Defendant on or around January 8, 2016, the land indicated in the attached Table 1 (total area of 1,722 square meters; hereinafter “the remaining land of this case”).

(2) Although the Defendant requested the Central Land Expropriation Committee to purchase the remaining land of this case, the Defendant rejected the Plaintiff’s request for purchase and did not reach an agreement. However, the Plaintiff requested the Central Land Expropriation Committee to adjudicate on the expropriation of the remaining land of this case, the Central Land Expropriation Committee dismissed the Plaintiff’s request for adjudication on December 8, 2016, deeming that the use of the remaining land of this case for its original purpose

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, 5 through 7, Eul 1 and 2, the purport of the whole pleadings

2. According to the implementation of the Plaintiff’s assertion project, national highways 7 lines are constructed on the east side of the remaining land of this case, and the difference in the height of land has occurred and the existing access road is Yangsan City.

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