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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) Project name: A housing site development project (B district housing site development project; hereinafter referred to as the “instant project”);
2) Project implementer: Defendant (which was the first Chungcheongnam-do, but was changed to Defendant on November 20, 2004): C Public Notice of Chungcheongnam-do on August 14, 2002; D Public Notice of Chungcheongnam-do on November 20, 2004; Notice of Chungcheongnam-do on August 31, 2009; E Public Notice of Chungcheongnam-do on August 31, 2009; and Notice of Chungcheongnam-do on June 10, 2013.
B. The Plaintiff, as the owner of 1/2 shares and trees on its ground (hereinafter “instant obstacles”) among the 3,157 square meters (hereinafter “instant land”) incorporated into the instant project zone in Boan-si, Boan-si, G 3,157 square meters (hereinafter “instant land”), consulted with the Defendant on the acquisition of the instant obstacles, but did not reach an agreement.
C. Accordingly, on April 15, 2013, the Plaintiff filed a written application for adjudication of acceptance with the Defendant, and the said written application reached the Defendant on April 16, 2013.
Accordingly, on June 14, 2013, the defendant applied for the adjudication of expropriation to the Central Land Expropriation Committee.
On October 24, 2013, the Central Land Tribunal determined compensation for the instant obstacles as KRW 60,750,00, and the date of expropriation as of December 17, 2013 (hereinafter “the first adjudication of expropriation”). D. However, as the Defendant’s failure to pay or deposit compensation by the date of commencement of the first adjudication of expropriation becomes effective pursuant to Article 42 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Plaintiff filed an application for the second adjudication of expropriation with the Defendant on March 27, 2015. The Defendant filed an application for the second adjudication of expropriation with the Central Land Tribunal on May 29, 2015, the Central Land Tribunal dismissed the Plaintiff’s application for the second adjudication on September 17, 2015 on the ground that the instant obstacles were the object of the instant project published on or after August 204 (hereinafter “the date of the first adjudication of expropriation”).