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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
(a) 1) Business name: Public notice of road project (B Highway Construction Project) 2: The defendant: C3 operator announced by the Ministry of Land, Transport and Maritime Affairs on June 5, 2012;
B. On November 27, 2012, 3,160 square meters prior to D 1,259 square meters prior to the Plaintiff’s possession of the Plaintiff on November 27, 2012 (hereinafter “instant remaining land”) were divided into 1,259 square meters prior to E, and 1,749 square meters prior to E, and 152 square meters prior to F, and the Defendant purchased E and F land, excluding the instant remaining land, from the Plaintiff.
C. On June 25, 2015, the Central Land Tribunal dismissed the Plaintiff’s petition for expropriation of the remaining land of this case. However, the Central Land Tribunal dismissed the Plaintiff’s petition for expropriation on the ground that it can be used for its original purpose, considering the fact that the remaining land of this case can be accessible through the body roads that the land category of which is larger than that of the Defendant and are scheduled to be established.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. Since the price of the remaining land of this case has decreased as part of the land was expropriated due to the project of this case executed by the defendant claiming the plaintiff, the defendant is obligated to pay the plaintiff compensation corresponding to the decrease in the price of the remaining land of this case
B. The Defendant’s instant lawsuit is unlawful, since the Plaintiff did not undergo a lawful adjudication procedure prior to filing the instant lawsuit.
C. In full view of the contents and legislative intent of Articles 73 and 75-2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Articles 34, 50, 61, and 83 through 85 of the same Act, in order for a landowner to receive compensation for losses from a project operator due to a decrease in the prices of remaining land or remaining buildings under Articles 73 and 75-2 of the Public Works Act, the decision shall be made after going through the adjudication procedures stipulated in Articles 34 and 50 of the same Act, and shall be dissatisfied with the said decision.