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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
(a) Business summary - Types of national defense and military installations project - Project name: Military defense and military installations project - Project implementer - Project implementer - Defendant (the head of National Defense Facilities Headquarters) - Public notice of approval of its implementation plan on September 4, 2008: Ministry of National Defense No. 2008-33 of the Ministry of National Defense on September 4, 2008
B. The Central Land Tribunal’s ruling of expropriation (hereinafter “adjudication of expropriation”) dated September 14, 2012 - Subject to adjudication: The number of items listed in attached Form 1 “List of Trees and Obstructions” (hereinafter “the instant item”) as listed in attached Table 1, which is listed in B forest No. 26,612 square meters (hereinafter “land to be expropriated”) at the time of Pakistan owned by the Plaintiff (hereinafter “land to be expropriated”): The instant item is included in the value of the land to be expropriated and the compensation was already already made, and does not fall under the number subject to compensation separately, and the application for adjudication of expropriation is dismissed.
C. The Central Land Tribunal’s ruling on an objection (hereinafter “adjudication on an objection”) dated March 22, 2013 - Contents of adjudication: Facts that there is no dispute over the Plaintiff’s rejection of the objection on the same grounds as the adjudication on expropriation (based on recognition), Gap’s evidence Nos. 1 and 4, Gap’s evidence Nos. 2-1 and 2, and the purport of the entire pleadings.
2. The plaintiff's assertion and its determination
A. The Plaintiff’s assertion 1) From around 1965, the Plaintiff artificially afforested the fruit trees, such as big-level trees, pine trees, night trees, etc., and ornamental trees, etc. in the land to be expropriated. As such, the instant trees do not include the value of the land to be expropriated and the compensation is not completed, but are not the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) and the Enforcement Rule thereof “Enforcement Rule”.
(2) Furthermore, the Plaintiff installed obstacles, such as warehouses, villas, water supply facilities, etc. (hereinafter collectively referred to as “in the instant obstacles”) on the land to be expropriated, as shown in paragraph (2) of the attached Table 1 “List of Trees and Obstructions”, and the Plaintiff also compensates for such obstacles.