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(영문) 창원지방법원 2018.05.16 2017구합50148
수용재결처분취소
Text

1. On October 24, 2017, the Plaintiff’s instant lawsuit against the Defendant Gyeong-do Regional Land Expropriation Committee is deemed to be withdrawn from the lawsuit.

Reasons

1. The plaintiff's declaration of termination of the lawsuit of this case against the defendant Gyeongnam-do Regional Land Expropriation Committee;

A. In a case of a change in a lawsuit pursuant to Article 21(1) of the Administrative Litigation Act, whether the period of filing a lawsuit regarding a changed lawsuit pursuant to Articles 21(4) and 14(4) of the Administrative Litigation Act is complied with shall be determined on the basis of the time when the lawsuit was first filed. When a decision to permit a change in the lawsuit involving the change of the defendant is rendered pursuant to Articles 21(4) and 14(5) of the Administrative Litigation Act, the lawsuit against the previous

B. According to the records of this case, on January 20, 2017, the Plaintiff filed a lawsuit against Defendant Gyeongnam-do Regional Land Expropriation Committee seeking the revocation of the instant disposition of expropriation. On October 19, 2017, based on Article 8(2) of the Administrative Litigation Act and Article 70(1) of the Civil Procedure Act, Defendant Gyeongnam-do Development Corporation added Defendant Gyeongnam-do Development Corporation as Defendant, and added Defendant Gyeongnam-do Development Corporation’s claim seeking compensation against Defendant Gyeongnam-do Development Corporation based on Article 21(1) of the Administrative Litigation Act.

In light of the principle of the Civil Procedure Act, the special case for the period of filing a lawsuit does not apply to the modification of a lawsuit pursuant to the amendment of the purport of the lawsuit (see, e.g., Supreme Court Decision 2004Du7023, Nov. 25, 2004). In a case where the purport of the claim is modified, compliance with the period of filing a lawsuit against the new lawsuit should be based on the time when the lawsuit is modified (see, e.g., Supreme Court Decision 2004Du7023, Nov. 25, 2004). In a case where the Plaintiff appears to seek a cancellation of the adjudication on accepting the instant lawsuit or payment of compensation against the Defendants, the part of the claim for the payment of compensation against the Defendant Gyeongnam Development Corporation should be determined whether the period of filing a lawsuit is complied with as of October 19, 2017 with the amendment of the purport of the claim.

However, the Plaintiff’s filing of the instant lawsuit is eventually final.

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