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(영문) 광주지방법원 2013.11.07 2013구합1638
계고처분취소
Text

1. Of the instant lawsuit, the part concerning the claim for revocation of the disposition of vicarious administrative execution and succession as of May 29, 2013 shall be dismissed.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff owns each of the obstacles (hereinafter “each of the obstacles of this case”) fixed in each of the instant land B and C (hereinafter “each of the instant land”).

B. The Defendant, as an executor of an industrial complex development project (hereinafter “the instant project”), tried to consult with the Plaintiff on the transfer of each obstacles to the instant land, which was incorporated into the project district of the instant project, but did not reach an agreement. On December 21, 2011, the Defendant filed an application for adjudication of expropriation with the Central Land Expropriation Committee. On April 6, 2012, the Central Land Expropriation Committee (hereinafter “the instant adjudication of expropriation”) with the purport that “the Plaintiff shall have the instant obstacles transferred for the instant project, make compensation be KRW 147,704,470, and the date of commencement of expropriation shall be KRW 147,70, and the date of commencement of expropriation shall be May 30, 2012” (hereinafter “instant adjudication of expropriation”). The Plaintiff’s compensation stipulated in the instant adjudication of expropriation shall be “the instant compensation”).

C. On May 22, 2012, the Defendant deposited KRW 143,511,060,060 (hereinafter “the instant deposit”) after deducting the Defendant’s charge for compelling the performance from KRW 4,193,410 (=the charge for compelling the performance + KRW 3,854,000 + the fine for negligence not covered by the automobile mandatory insurance + KRW 339,410) out of the Plaintiff’s compensation KRW 147,704,470 as the Plaintiff’s KRW 147,470,470.

The Plaintiff filed an objection with the Central Land Expropriation Committee by asserting that the compensation for losses was raised in accordance with the reality due to the instant adjudication on expropriation, but the said objection was dismissed on August 10, 2012.

E. On November 21, 2012, the Defendant: (a) decided to transfer each of the instant obstacles to the Plaintiff by December 2, 2012; and (b) did not transfer the obstacles to the Plaintiff by December 2, 2012, Articles 2 and 3 of the Administrative Vicarious Execution Act.

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