beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details, etc. of ruling;
(a) Project approval and public announcement - Project name: Road project approval (j) - Public announcement of project approval: December 29, 2014 - Project operator announced by the Busan Regional Land Management Office - Defendant:
B. The Central Land Tribunal’s ruling of expropriation on December 8, 2016 (hereinafter “instant ruling of expropriation”): Number of land and obstacles thereto (hereinafter “instant land”) and 251,762,30 square meters in total: 137,737,800 won: 114,024,50 won and obstacles: the date of commencement of expropriation; January 31, 2017.
1) The Defendant intended to pay the Plaintiff totaling KRW 251,762,30,00 of the compensation for losses according to the instant adjudication on expropriation, but the Plaintiff refused to receive the compensation by asserting that the compensation for losses was excessive. 2) Accordingly, on January 25, 2017, the Defendant designated the Plaintiff as the principal deposit and deposited KRW 251,762,30 in total as compensation for losses in Daegu District Court Port Support (No. 71 and No. 106, 2017).
The Plaintiff filed the instant lawsuit on April 12, 2017 without filing an objection against the instant ruling of acceptance.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2 (including each number, hereinafter the same shall apply), Eul evidence 1, 2, and 3, the purport of the whole pleadings and arguments
2. We examine ex officio whether the instant lawsuit is lawful.
According to Article 85 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, any project operator, landowner or person concerned may institute an administrative litigation within 60 days from the date of receiving a written adjudication when he/she is dissatisfied with the adjudication of the Land Tribunal, and within 30 days from the date of receiving a written adjudication on an objection if he/she has
The date of this case's ruling of acceptance was December 8, 2016, and the defendant did not receive compensation for losses due to the ruling of acceptance on the ground that the plaintiff did not receive compensation for losses.