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(영문) 창원지방법원 2018.09.19 2017구합53123
도로구역결정(변경)처분무효확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Around August 2012, Plaintiff A installed a vinyl on a lease of 1,157 square meters in Jinju-si and 113 square meters in F. A. The Plaintiff was a person who installed a vinyl, etc., and Plaintiff B was a person who installed a vinyl on May 27, 2014 and installed a vinyl on a lease of 2,628 square meters in Jin-si, Jin-si, Seoul, and Ha was a person who sets up a vinyl and quins, etc., and Plaintiff C was a person who installed a vinyl on a lease of 408 square meters in Jin-si, Jin-si, 2012 (hereinafter collectively referred to as “each of the instant lands”).

B. The Defendant publicly notified the determination of a road zone regarding the I Road Packing Project (hereinafter “instant Project”), as follows, and all or part of each of the instant land was included in the instant project target section.

J K LD M NO P

C. On the other hand, on March 24, 201, the Defendant announced that the project implementation period of the instant project was changed from July 2006 to July 2014, and that a road zone was changed as follows:

(hereinafter “instant Disposition”). Q Q TUV IV W RS

D. According to the incorporation of each of the instant land into the instant sections, the Plaintiffs demanded the Defendant to compensate for the obstacles installed or planted therein.

However, in December 2016, the Korea Appraisal Board, which was entrusted by the Defendant, rejected the Plaintiffs’ claim for compensation on the grounds that the Plaintiffs installed or planted obstacles after the instant disposition.

E. On March 7, 2017, the Plaintiffs filed a petition with the Anti-Corruption and Civil Rights Commission to the effect that they would be compensated for the obstacles on each of the instant land. However, on July 3, 2017, the Anti-Corruption and Civil Rights Commission notified the Plaintiffs of the result of deliberation to the effect that they cannot demand the Defendant to compensate if they installed or planted obstacles after the instant disposition.

[Ground of recognition] dispute.

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