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(영문) 수원지방법원 2015.11.26 2014구합4710
보상금 증액
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the implementer of the D Small River Maintenance Project publicly announced as Pyeongtaek-si Notice B on February 15, 2012 and publicly announced as Pyeongtaek-si Notice C on December 20, 2012, and the Plaintiff is the owner of Pyeongtaek-si E-si and 48 square meters and 104 square meters in F-si located in the said project site.

B. On October 28, 2013, the Central Land Tribunal rendered a ruling of acceptance of the Plaintiff’s compensation amounting to KRW 38,128,000 on October 28, 2013 (hereinafter “instant adjudication of expropriation”). The Plaintiff was served the authentic copy of the instant adjudication of expropriation on November 11, 2013.

C. On December 12, 2013, the Plaintiff filed an objection against the instant adjudication of expropriation with the Central Land Expropriation Committee. However, on May 22, 2014, the Central Land Expropriation Committee rendered a ruling dismissing the Plaintiff’s objection on the ground that the Plaintiff’s objection was merely intended to file the said application period, and is unlawful.

On June 30, 2014, the Plaintiff filed the instant lawsuit seeking the increase of compensation for losses.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 3 and 4 (including each number), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. With respect to the instant lawsuit seeking an increase in the amount of compensation recognized by the Defendant’s assertion in the instant expropriation ruling, the Defendant asserts that the lawsuit is unlawful, since the period of filing the lawsuit stipulated in the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has expired.

B. Article 83(1) of the Land Compensation Act provides that “A person who has an objection to a ruling rendered by the Central Land Tribunal under Article 34 may file an objection with the Central Land Tribunal.” Article 83(3) of the same Act provides that “An objection under paragraphs (1) and (2) shall be filed within 30 days from the date of receipt of the authentic copy of the written ruling.” The main sentence of Article 85(1) of the same Act provides that “A project operator, landowner, or landowner.”

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