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(영문) 의정부지방법원 2019.12.19 2019구합10790
행정대집행처분 등 무효확인 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant, as a project implementer of a road project (C Corporation, Section 1 Section 11 Section (hereinafter “instant project”), determined a road zone pursuant to Article 24(1) and (3) of the former Road Act (amended by Act No. 11690, Mar. 23, 2013); and publicly announced it as D. 2 February 1, 2013, the Plaintiff was the owner of the land and buildings listed in attached Table 1 List (hereinafter “instant land and buildings”); the Plaintiff Company B (hereinafter “Plaintiff Company”) was the owner of the land and buildings listed in attached Table 2 List from Plaintiff A (hereinafter “the instant vicarious execution object”). Meanwhile, Articles listed in attached Table 2 List 15 and 16 No. 1788, 17, 18, 16 are the building and the indoor film production agency; hereinafter the same shall apply).

B. On August 9, 2018, the Central Land Tribunal, upon the Defendant’s application for the adjudication of expropriation, accepted the instant land and the instant building and the instant objects of vicarious execution, and made a ruling of acceptance of compensation amounting to KRW 10,013,853,890, and the date of commencement of expropriation as of October 4, 2018. (2) The Plaintiff filed an objection against the said adjudication of expropriation with the Central Land Expropriation Committee. (3) On April 25, 2019, the Central Land Expropriation Committee changed compensation amount to KRW 10,220,671,170 and dismissed the remainder of the objection.

C. On January 23, 2019, the Defendant did not voluntarily remove the instant vicarious execution until February 1, 2019 to Plaintiff A by January 23, 2019, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Pursuant to Article 89.

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