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(영문) 창원지방법원 2020.09.24 2020구합51172
지장물철거행정대집행 계고처분취소
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the Plaintiff

Reasons

1. Details of disposition;

A. The defendant is an implementor of B Corporation which is an urban planning facility project.

(hereinafter “instant project”). B.

The Plaintiff owned a total of 69,421 square meters of land and a total of 69,421 square meters of land in Gyeongnam-gun, Gyeongnam-gun, D, E, and F forest included in the instant project site, and obstacles, such as landscaping trees and ornamental trees.

(hereinafter referred to as “instant land” and “the instant obstacles” C.

The defendant filed an application for adjudication of expropriation with the Central Land Tribunal, in order to not consult on compensation for the land and obstacles of this case.

On October 10, 2019, the Central Land Tribunal rendered a ruling that “the Defendant shall expropriate the instant land for the instant project, have the instant obstacles transferred, and the compensation for losses shall be KRW 1,836,170,660 (the compensation for the land shall be KRW 574,471,700, and the compensation for the obstacles shall be KRW 841,010,000).” The commencement date of expropriation shall be December 4, 2019.”

On November 12, 2019, the Defendant deposited the amount equivalent to the compensation amount determined by the adjudication of expropriation on the instant land and obstacles with the Plaintiff as the principal deposit.

(C) Changwon District Court Daon Branch, 2019, No. 358, 359) d.

The plaintiff is dissatisfied with the adjudication of expropriation and filed an objection with the Central Land Expropriation Committee. On January 30, 2020, the Central Land Expropriation Committee rendered an objection with the content that the compensation for the land of this case is KRW 579,545,200, and the compensation for the obstacles of this case is modified to KRW 856,890,000.

On March 13, 2020, the Plaintiff, who is dissatisfied with the ruling of objection, filed a lawsuit claiming the amount of compensation increase against the Defendant, and the said case is pending in the court of first instance.

(Seoul District Court 2020Guhap50827). e.

On April 1, 2020, the Defendant rendered a disposition to improve the vicarious administrative execution by ordering the voluntary removal of the obstacles of this case by April 15, 2020 to the Plaintiff for the proceeding of the instant project.

(hereinafter “The First Disposition”). However, the Plaintiff requested the Defendant to suspend the vicarious administrative execution without complying with the First Disposition.

F. Accordingly, the defendant on April 13, 2020 shall be the plaintiff.

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