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(영문) 대전지방법원 2017.06.15 2016구합1754
잔여지수용각하재결취소등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of ruling;

(a) Business authorization and public announcement - Business name: B - Public announcement of project implementation authorization: C publicly announced by the Ministry of Land, Transport and Maritime Affairs on July 6, 2011 - Project operator: Defendant;

B. The Central Land Expropriation Committee’s ruling on expropriation on May 26, 2016 (hereinafter “instant ruling on expropriation”) - The Plaintiff’s assertion on the remaining land expropriation of D 2,245 square meters and E 22 square meters of forest land (hereinafter “instant land”) in Kimhae-si, on the ground that the Defendant, the project implementer, did not undergo consultation on purchase with the Defendant, who is the project implementer. The date of commencement of expropriation: (a) the fact that there was no dispute on July 19, 2016 [based on recognition]; (b) the entry of Gap evidence No. 2; and the purport of the entire pleadings;

2. Whether the lawsuit in this case is lawful

A. The plaintiff's assertion is obligated to purchase the land of this case as remaining land and pay the purchase price of 79,798,400 won to the plaintiff and delay damages therefor.

B. Article 73(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “If the price of remaining land is reduced or there is any other loss due to the acquisition or use of part of a group of land belonging to the same landowner, or if it is necessary for the construction of a passage, ditch, fence, etc. and other construction works on the remaining land, the project operator shall compensate for such loss or construction cost, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.” Article 74(1) provides that “If it is substantially difficult for a landowner to use the remaining land for its original purpose because part of a group of land belonging to the same landowner is purchased or expropriated through consultation, the relevant landowner may request the project operator to purchase the remaining land, and may request the competent Land Tribunal

In such cases, the request for expropriation shall be limited to cases where the consultation on purchase has not been reached, and the project shall be conducted.

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