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(영문) 서울중앙지방법원 2013.11.22 2013가합6105
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of each of the statements in Gap evidence Nos. 1 (Public Notice No. 201-246 of the Ministry of Land, Transport and Maritime Affairs No. 201-246), Gap evidence No. 2 (Written Ruling), Gap evidence No. 3-1 through 3 (Full Certificate of Registered Matters in Each Real Estate), and Gap evidence No. 4 (Written Judgment).

On December 31, 2009, the Minister of Land, Transport and Maritime Affairs under the Defendant established and publicly announced a master plan for the construction project of the Seoul metropolitan area high-speed rail (No. 2009-1310 announced by the Ministry of Land, Transport and Maritime Affairs), and on May 27, 2011, approved and publicly announced the implementation plan for the construction project of the Seoul metropolitan high-speed rail (No. 2009-1310, which is announced by the Ministry of Land, Transport and Maritime Affairs (hereinafter “instant project”).

(hereinafter “instant disposition”). (b)

The Plaintiff owned each land listed in the separate sheet (hereinafter “each of the instant land”) within the prospective site to be implemented by the instant project (hereinafter “instant project site”). However, based on the instant disposition regarding each of the instant land, the ownership was transferred to the Korea Rail Network Authority on May 30, 2012 on the basis of the instant disposition.

C. The Plaintiff filed a lawsuit seeking revocation of the instant disposition as Seoul Administrative Court 201Guhap27537 on the ground that the instant disposition was unlawful, and the said court rendered a judgment on November 30, 2012 on the grounds that the Plaintiff’s claim was dismissed, but that the instant disposition was unlawful.

(2) Article 28(1) of the Administrative Litigation Act (see Article 28(1) of the Administrative Litigation Act). 2. The Plaintiff’s assertion is unlawful, but its validity has been maintained by a ruling of assessment. However, since the time normally required for the acceptance procedure is one year, it is evident that the legitimate acceptance procedure was commenced on December 2, 2012 and completed around December 2013, 2013, as soon as possible.

When legitimate expropriation procedures are completed on or around December 2013, the Plaintiff bears capital gains tax, etc. on each of the instant land, since it satisfies the requirements for self-defense for at least eight years.

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