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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
(a) recognition and public notice of a project - A project to be established as a Do design - Public notice of Daejeon Metropolitan City on January 24, 2017 - A project implementer: Defendant Daejeon Metropolitan City;
B. Defendant Central Land Tribunal’s ruling on expropriation on August 9, 2018 - Business Compensation (Plaintiff’s temporary materials business in Daejeon-gu C) - Commencement date of expropriation: October 4, 2018.
Details of adjudication on February 28, 2019 - Contents of adjudication by the Central Land Expropriation Committee: Facts that there is no dispute on the rejection of the Plaintiff’s objection due to the lapse of the period for raising an objection (based on recognition), entries in the evidence Nos. 1, 7, and 8, and purport of the whole pleadings.
2. The assertion and judgment
A. The Central Land Expropriation Committee, the Plaintiff’s assertion, served on August 16, 2018 the written adjudication of expropriation and served the same year.
9. Inasmuch as there was an error of law by directly visiting the Central Land Expropriation Committee to dismiss an objection even after receiving the objection, the adjudication of the objection is revoked, and Defendant Daejeon Metropolitan City is liable to pay the lawful amount of business loss compensation as stated in the purport of the objection.
B. The Plaintiff’s assertion that the Defendants raised an objection against the ruling of acceptance of the instant case with the lapse of the filing period, and the filing period of the instant lawsuit also expired, and the Plaintiff’s lawsuit against the Defendants is unlawful in its entirety.
C. According to Articles 83 and 85(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 16138, Dec. 31, 2018; hereinafter “Land Compensation Act”), a person who has an objection to the result of the adjudication of expropriation may file an administrative suit within 30 days from the date of receiving the original written adjudication of expropriation by filing an objection with the Central Land Expropriation Committee within 30 days from the date of receiving the original written adjudication of expropriation, or from the date of receiving the original written adjudication of expropriation, and where the said written adjudication has been served, the person may file an administrative suit within 30 days from the date of receiving the original written adjudication of expropriation.