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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 13, 2008, the Defendant announced the maintenance execution plan (G) that the construction works bypassing bypass (F sections) within the jurisdiction of the E Corporation and the Naju-si will be implemented in the B Dong, Cdong, and Ddong-si. (hereinafter “instant project”).
B. The Plaintiff obtained permission from the Naju Mayor in 2003 on the river site owned by the Defendant for the occupation and use of a river as to H 16,696 square meters, I 1,322 square meters, J 12,598 square meters (hereinafter “instant land”). The instant land was incorporated into the instant project according to the Defendant’s public announcement of project approval.
C. On December 13, 2010, the Plaintiff filed a lawsuit against the Defendant with Gwangju District Court 2010Guhap5295 on the instant land, etc. on which the judgment became final and conclusive. However, on July 26, 2012, the said court did not go through the adjudication procedure of the Land Tribunal, and as long as the claim for compensation is illegal, the relevant claimant was dismissed on the ground that the claim for compensation is unlawful. The said judgment became final and conclusive around that time by being sentenced to the judgment of dismissal of Plaintiff’s appeal (Seoul High Court 2012Nu958) on December 13, 2012.
After the adjudication of expropriation and objection 1), the Plaintiff requested the head of the Yansan Regional Construction and Management Administration, who is the project implementer of the instant case, to pay the farming compensation amount and the agricultural machinery sale compensation amount, but did not reach an agreement. The Plaintiff filed an application for adjudication with the head of the Yansan Regional Construction and Management Administration, and the head of the Yansan Regional Construction and Management Administration filed an application for adjudication on expropriation with the Central Land Tribunal. 2) The Central Land Tribunal had already paid the farming compensation amount with respect to the instant land on June 19, 2014, and the farming organization sold prior to the date of notification of the instant project