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(영문) 수원지방법원 2020.10.08 2020구합61264
보상금 증액 청구의 소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details, etc. of ruling;

(a) project approval and public notice - Project approval and public notice - Project operator: Defendant - A public notice of Ansan on June 13, 2017

B. The ruling of expropriation on March 26, 2019 - Land subject to expropriation by the Gyeonggi-do Local Land Tribunal on March 26, 2019: Total five parcels of land, including E 931 square meters, in the case of Ansan-si owned by the Plaintiff, - Compensation for losses: 853,400,000 won: the date of commencement of expropriation: May 10, 2019 - The original written ruling of expropriation is served on the Plaintiff on April 3,

C. The Central Land Tribunal’s ruling on December 19, 2019 - The Plaintiff’s filing of a written objection on May 9, 2019 - The details of the ruling: The Plaintiff’s filing of a written objection on May 9, 2019 - The Plaintiff’s rejection of the objection due to the Plaintiff’s filing of an objection 30 days after the date of receiving the authentic copy of the written adjudication on expropriation (based on recognition) is not a dispute, the Plaintiff’s filing of the objection 1-1 and

2. Whether the lawsuit of this case is lawful

A. The Plaintiff asserts that the amount of compensation for the land to be expropriated due to the instant adjudication of expropriation is considerably less than the current market price and is assessed at a low level without being able to be paid, and seek an increase in compensation.

On this issue, the defendant asserts that the lawsuit of this case is unlawful, which has been filed with the time limit for filing the lawsuit.

B. Determination 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)

According to the provisions of Articles 83 and 85(1), an objection against the adjudication of expropriation shall be filed within 30 days from the date of receiving the authentic copy of the written adjudication, and when an administrative litigation was filed within 90 days from the date of receiving the written adjudication of expropriation or within 60 days from the date of receiving the written adjudication of acceptance, an objection may be filed.

Here, "when an objection has been filed" means the procedure for filing an objection within 30 days from the date of receiving the written ruling of acceptance.

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