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(영문) 인천지방법원 2019.03.21 2018구합54488
손실보상금
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) Name of the project: B project: The project operator: The public notification of the project approval under Defendant 3: The public notification of Bupyeong-gu Incheon Metropolitan City on July 22, 2016;

(b) Date of adjudication on expropriation of land expropriation (1) by the Incheon Metropolitan City Regional Land Expropriation Committee: 3,700,000 won on the D ground of Bupyeong-gu Incheon Metropolitan City (E) for compensation for losses (transfer cost) on November 16, 2017: D

(c) The date of adjudication on an objection filed by the Central Land Expropriation Committee (1) on June 21, 2018: 4,300,000 won (based on recognition), Gap evidence 1 through 5, 9 (including additional numbers), Eul evidence 1 through 3, and 5, and the purport of all pleadings;

2. The defendant, as to whether the lawsuit is lawful, filed the lawsuit of this case after the lapse of 30 days after the plaintiff received a written adjudication on the objection, and therefore, the lawsuit of this case is unlawful.

Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that "Any project operator, landowner or person concerned may institute an administrative litigation within 60 days from the date of receiving a written adjudication when he/she is dissatisfied with an adjudication under Article 34, and within 30 days from the date of receiving a written adjudication on an objection if he/she has filed an objection, respectively."

However, according to the purport of Eul evidence No. 6 and the entire argument, the plaintiff may file an objection against the ruling of acceptance on September 26, 2017 by the Central Land Tribunal of Incheon Metropolitan City, and receive a written adjudication from the Central Land Tribunal of July 3, 2018 on the objection on the same objection, and the fact that the lawsuit in this case was filed on September 27, 2018, which was 30 days after the date of service, is apparent in the record.

Therefore, the instant lawsuit is unlawful since it was filed after the lapse of the filing period under Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

3. Conclusion.

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