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(영문) 광주지방법원 2016.03.17 2015구합479
수용재결취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 13, 2008, the Defendant publicly announced the maintenance execution plan (G publicly notified by the Management Office of the Dosan National Land) that the construction works of E and the construction works of an alternative bypass to national highways (F sections) within the jurisdiction of the Naju City will be implemented (hereinafter “instant project”).

B. The Plaintiff, a river site owned by the State, obtained permission for occupation and use of a river from the State Mayor around January 1, 2007 to December 31, 2007 for the occupation and use period of 61,278 square meters in Haju-si, H 6,014 square meters in Naju-si (hereinafter “H and I land”), J-si 16,696 square meters in Naju-si, K 1,322 square meters in Naju-si, and L 12,598 square meters in Naju-si (hereinafter “M land”), and received notification for extension of the occupancy and use period of March 14, 2008 to December 31, 2008.

On the other hand, N, the river site owned by the State, and 22,762 square meters in Naju-si and 46 lots (hereinafter “N land”) were permitted to occupy and use a river by O, other than the Plaintiff.

C. On December 13, 2010, the Plaintiff filed a lawsuit against the Defendant for the payment of the amount of farming compensation and damages for H and I land and M land by this court 2010Guhap5295. However, on July 26, 2012, the Plaintiff was rendered a dismissal judgment on the ground that the adjudication procedure was not followed. The said judgment was rendered on December 13, 2012 (Seoul High Court 2012Nu958) and became final and conclusive around that time.

Since then, the Plaintiff filed an application for adjudication with the head of the Korea Regional Construction and Management Administration because it did not reach agreement, and the head of the Korea Regional Construction and Management Administration filed an application for adjudication with the head of the Korea Regional Construction and Management Administration, which is the project implementer of this case.

E. The Central Land Tribunal: H on June 19, 2014; and I’s land is a public announcement date of a river project implementation plan for a river project for a river project, which is before February 13, 2008.

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