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(영문) 대구지방법원 2014.08.13 2014구합20010
행정대집행 비용납부명령 처분 취소청구
Text

1. The Defendant’s disposition of ordering the payment of expenses by vicarious administrative execution against the Plaintiff on October 7, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 29, 2006, the Daegu Metropolitan City Mayor published the project implementer of the instant industrial complex development project (hereinafter “instant industrial complex”) as the E industrial complex (hereinafter “instant industrial complex”), the Daegu Metropolitan City public notice No. 3, 40,557 square meters in Daegu-si, Daegu-si, as the public notice of the Daegu Metropolitan City on December 29, 2006. On April 30, 2007, the project implementer of the instant industrial complex development project (hereinafter “instant project”) as the public notice of the Daegu Metropolitan City public notice of the change to the Korea Land Corporation (hereinafter “Korea Land and Housing Corporation”).

B. The Plaintiff owned a single house not registered with the one story roof of a soil fence (hereinafter “instant building”) on the ground of 6,925 square meters in Daegu-gun, Daegu-gun, Daegu-gun, which is owned by the Republic of Korea (hereinafter “instant building”). On February 24, 2012, 6,921 square meters of the instant land was divided into H (hereinafter “instant land”) and was incorporated into the instant project site.

C. The Plaintiff consulted with the Korea Land and Housing Corporation on compensation for obstacles, such as the instant building and trees on the instant land, but failed to reach an agreement, filed an application for adjudication on expropriation with the Central Land and Housing Corporation on July 17, 2012.

On September 14, 2012, the Central Land Tribunal rendered a expropriation ruling of KRW 104,711,800 (hereinafter “instant expropriation ruling”) (i.e., KRW 8,987,300 for the instant building; KRW 92,000 for toilets of KRW 496,50 for toilets of KRW 1,135,500 for the instant building; KRW 792,500 for the stone shed of KRW 792,500 for the instant building; and (ii) on October 15, 2012 for the date of expropriation (hereinafter “instant expropriation ruling”). The number of trees recorded in the detailed statement of the obstacles compensation attached to the written adjudication of expropriation (hereinafter “instant trees”) was assessed as transplant costs pursuant to Articles 37 through 40 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”); and (iii) the number of trees other than the instant item for the instant land was assessed as transplantation costs.

E. The Korea Land and Housing Corporation shall thereafter Article 40(2) of the Public Works Act, October 10, 2012.

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