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(영문) 서울행정법원 2016.12.01 2016구합3512
토지수용이의재결처분취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Project approval and public notice - Railroad construction projects (B construction projects; hereinafter referred to as the “instant projects”): - Public notice on October 8, 2004 - Project operator published by the Ministry of Construction and Transportation on October 8, 2004: KRNA;

B. The Central Land Tribunal’s ruling on the use on June 25, 2015 (hereinafter “instant ruling”): The divided superficies between 125.06m2 and 145.26m2 on the northwest of 1,634m2 (hereinafter “the instant land”) from among the land of 9,917m2 (hereinafter “instant land”): The date of commencement of use: 4,16,700 won on August 18, 2015

C. The Central Land Tribunal’s ruling on March 24, 2016 - The amount of compensation for losses against the Plaintiff shall be increased to KRW 4,191,210. [Grounds for recognition] In the absence of any dispute, the evidence Nos. 8-1 and 2, and the purport of the entire pleadings

2. The assertion and judgment

A. Although the Plaintiff’s alleged project implementer had faithfully consulted with the Plaintiff who was the owner of the instant land before commencing a tunnel on the ground of the instant land and had paid the amount of compensation, the Plaintiff started the tunnel construction without permission around 2008 and completed it on or around June 2013, and opened and used it from July 2013.

The project implementer unilaterally applied for a ruling of acceptance to the defendant without disregarding the plaintiff's objection, and prepared and submitted a false statement of agreement, a land protocol, and an application for ruling as if the agreement had not been reached even though the agreement was not reached with the plaintiff.

Although a project operator did not faithfully negotiate with the Plaintiff before the commencement of a tunnel construction project, the Defendant was not only neglected such procedural defects, but also rendered the instant adjudication based on documents prepared and submitted by the project operator in a false manner, so the instant adjudication should be revoked unlawfully.

B. Article 28 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

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