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(영문) 서울행정법원 2016.12.09 2016구합59416
수용재결취소등
Text

1. Defendant Republic of Korea’s KRW 680,00 and its amount per annum from December 16, 2015 to December 9, 2016 to the Plaintiff.

Reasons

1. Case history

(a) recognition and announcement of a project - Name of national defense and military installations project (project for securing private land in the 9th Army): Public announcement - No. 2015-160 of the Ministry of National Defense as of May 28, 2015 - Project implementer No. 2015-160 as of May 28, 2015

B. Adjudication on expropriation by Defendant Central Land Expropriation on October 22, 2015 - Land subject to expropriation: Each of the lands listed in the separate sheet (hereinafter “instant land”) - Compensation amount: KRW 139,128,000 - Commencement date of expropriation: December 15, 2015.

The Central Land Tribunal made an objection on February 26, 2016 - The Plaintiff asserted that the instant land was excluded from the subject of expropriation, but the Defendant Land Tribunal dismissed it.

D. Meanwhile, on December 10, 2015, the Ministry of National Defense deposited KRW 139,128,000 for expropriation compensation prescribed in the above confinement ruling to the Plaintiff as the Goyang Branch of the District Court in 2015 Geumyang-gu, 4553.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion asserts that the expropriation of the instant land as a basic property of a school foundation constitutes an abuse of the right to expropriate, and thus, Defendant Central Land Expropriation Committee’s adjudication on expropriation on October 22, 2015 should be revoked in an unlawful manner.

B. The “project approval 1” means the act of setting up a specific right of expropriation on the condition that a public project operator should take a certain procedure thereafter. Thus, even if the project falls under a business that can expropriate or use land, etc. outside form and form a public project approval institution, the public interest and private interest in the contents and method of the project even if the project has public interest and public interest.

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