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(영문) 서울행정법원 2020.03.18 2018구단65395
손실보상금
Text

1. The Defendant’s KRW 32,335,250 for the Plaintiff and KRW 5% per annum from November 21, 2017 to March 18, 2020 for this.

Reasons

1. Details of ruling;

A. The head of Sejong Special Self-Governing City, on May 22, 2017, publicly notified the alteration of a road zone pursuant to Article 25(3) of the former National Land Planning and Utilization Act (amended by Act No. 1649, Aug. 2019; hereinafter referred to as “Road Works”) and the head of Sejong Special Self-Governing City, on May 22, 2017, in accordance with Article 25(3) of the Road Act (amended by Act No. 1649, Aug. 2, 2019; hereinafter referred to as “Road Works”).

(Public Notice P of Sejong Special Self-Governing City). On the other hand, each land indicated in the “land to be expropriated” column of the said table, located in Quri, located in Sejong Special Self-Governing City, was divided into each land indicated in the “land to be expropriated” column of the said table, on December 8, 2016 (hereinafter “instant land to be expropriated”).

Land in the table Nos. 2, 5, 6, and 7 are land belonging to river areas under the River Act.

(hereinafter referred to as "land in the river area of this case" among the land to be expropriated in this case

The Administrator of the Administrative City Construction Agency, a project implementer of the Central Land Expropriation Committee, applied for adjudication on the land to be expropriated in this case for the implementation of the road construction in this case, and on October 19, 2017, the Central Land Expropriation Committee made an adjudication on November 20, 2017 (hereinafter “instant adjudication on expropriation”) on the land to be expropriated in this case as of November 20, 2017.

C. The plaintiff of the Central Land Tribunal’s objection is unreasonable to evaluate the land in the instant river area as it was included in the river area due to the objection raised against the ruling of acceptance of the instant river area, and thus, it is deemed that there is no limitation under public law.

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