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(영문) 대전지방법원 2018.01.31 2017구합103770
토지등수용이의재결처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The project approval and public announcement of the process of adjudication - project approval and project name - Project approval and public announcement - Project operator of the Guang City Urban Development Project (B) - Project: The Gyeonggi-do Public Notice D ( April 2, 2010), E (F) ( March 28, 2012), and G ( April 10, 2014), the Gyeonggi-do Local Land Expropriation Adjudication (hereinafter “instant expropriation Adjudication”) on August 29, 2016, filed a claim for expropriation of the remaining land on the land listed in the attached Table (hereinafter “instant land”), but it is substantially difficult for the Gyeonggi-do Local Land Expropriation Committee to use the remaining land for its original purpose.

The plaintiff's request for expropriation of remaining land was dismissed on the ground that it cannot be seen.

Defendant’s objection ruling on May 25, 2017 (hereinafter “instant objection ruling”) rejected the Plaintiff’s objection seeking to expropriate the remaining land on the grounds that it cannot be deemed significantly difficult to use the remaining land for its original purpose.

Whether the lawsuit of this case is legitimate or not, due to the expropriation of the land owned by the Plaintiff, it became difficult to use the land for its original purpose because it was impossible to use or cultivate the land due to traffic congestion.

Nevertheless, it is illegal that the defendant dismissed the plaintiff's objection, and the ruling of the objection of this case should be revoked.

The Defendant’s lawsuit of this case’s main defense is an objection against the dismissal of the Plaintiff’s objection claiming the acceptance of the remaining land, seeking revocation of the instant objection, but ultimately constitutes a lawsuit on the increase or decrease of compensation.

Therefore, it is inappropriate for the Plaintiff to designate the project implementer of this case as the defendant and seek a cancellation of the judgment against the defendant.

If the Plaintiff wishes to lose the validity of the land expropriation, the Gyeonggi-do Regional Land Tribunal, which is the authority to decide the land expropriation of this case, should be the Defendant.

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