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(영문) 수원지방법원 2018.03.15 2017구합67804
손실보상금
Text

1. Each of the actions of Plaintiffs C, D, E, and I shall be dismissed.

2. The Defendant: 433,750 won to Plaintiff A; 1,110,570 won to Plaintiff B; and 1,570 won to Plaintiff A.

Reasons

1. Details of ruling;

(a) project approval and public notice - e- e-Ocheon City Urban Planning Facility Project (K) - Public notice: Defendant: L publicly notified L on July 3, 2015 and M publicly notified on December 17, 2015;

B. The Gyeonggi-do Local Land Land Tribunal’s adjudication on expropriation (hereinafter “instant adjudication on expropriation”) dated 4, 2016 - The land subject to expropriation as indicated in the column for “land subject to expropriation” in attached Table owned by the Plaintiffs (hereinafter referred to as “instant land”, and the land subject to expropriation shall be specified only as Ri and lot number when referring to individual land; hereinafter referred to as “the land subject to expropriation”) - The date of commencement of expropriation: The land appraisal corporation on November 18, 2016 - The land appraisal corporation on dialogue and the land appraisal corporation and the land appraisal corporation on Japan (hereinafter referred to as “adjudication on expropriation”).

C. The Central Land Tribunal made an objection on June 22, 2017 (hereinafter “instant objection”) - The content of the adjudication: The “amount of the adjudication” in the attached Table attached to the Plaintiffs’ compensation for losses for expropriation shall be the same as the amount indicated respectively - The appraisal corporation and the Pacific Appraisal Corporation (hereinafter “instant appraisal”) shall make a decision to increase the amount as stated in the attached Table.

D. Results of the appraiser N’s appraisal (hereinafter “court appraiser”) - Contents of the appraisal as stated in the “court appraisal amount” column as stated in the attached Table No. 1: (a) there is no dispute; (b) each entry in the evidence Nos. 1 and 2; (c) the results of the appraiser N’s appraisal; and (d) the purport of the entire pleadings;

2. Judgment on the Defendant’s defense prior to the merits

A. Defendant’s assertion 1) The Plaintiffs filed a lawsuit with the Suwon District Court civil court with no jurisdiction over the instant case on July 19, 2017. As such, the foregoing civil court’s decision on transfer on July 26, 2017 entered into force as the administrative court (it must be August 22, 2017, in which the instant lawsuit was received by the collegiate panel of the administrative court). Accordingly, the instant lawsuit did not comply with the period of 30 days from the date of delivery of the written ruling of objection by the Central Land Tribunal.

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