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(영문) 의정부지방법원 2015.11.03 2015구합382
주거이전비 및 손실보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff sought an increase in the amount of compensation for expropriation and payment of housing relocation expenses to the Plaintiff’s housing 5.2m2m2 (hereinafter “instant housing”) located in the Guri-si, the Plaintiff owned by the Defendant due to the Housing Project in the District B (hereinafter “instant project”), which is executed by the Defendant, and against this, the Defendant asserts that the instant lawsuit is unlawful as it exceeds the period of filing the lawsuit.

According to Article 85(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, a project operator, landowner or person concerned may file an administrative suit within 30 days from the date of receiving a written adjudication of expropriation or objection if he/she is dissatisfied with the adjudication of expropriation or objection. According to the overall purport of Gap evidence Nos. 4, 8, and 10, the Central Land Expropriation Committee recognized the amount of KRW 1,820,00 as the compensation for expropriation of the housing of this case in its adjudication of expropriation on November 16, 2012. The plaintiff raised an objection against the said adjudication of expropriation, claiming that the amount of compensation for housing of this case should be increased, and that the Central Land Expropriation Committee should recognize relocation expenses for housing of the plaintiff, and that all of the plaintiff's objection was dismissed on April 19, 2013, and that the lawsuit of this case and the lawsuit of this case filed against the plaintiff on April 25, 2013 was unlawful.

Therefore, the plaintiff's lawsuit of this case is unlawful and thus it is decided as per Disposition.

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