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(영문) 수원지방법원 2019.01.30 2018구합68712
손실보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Considering the objective market value of land and obstacles owned by the Plaintiff’s assertion, the amount of compensation determined by the adjudication is unlawful as it does not meet the standards for fair compensation for losses prescribed by relevant statutes.

2. Whether the lawsuit of this case is lawful

A. On August 10, 2017, the Defendant’s defense prior to the merits was served with the original copy of the written adjudication on the expropriation ruling (hereinafter “instant acceptance ruling”) rendered on July 31, 2017 by the Gyeonggi-do Regional Land Tribunal on the land and obstacles owned by the Plaintiff (hereinafter “instant acceptance ruling”). However, on September 12, 2017, the Defendant filed an objection against the instant acceptance ruling and dismissed the objection. The instant lawsuit was filed on August 27, 2018.

Therefore, the Plaintiff did not file a legitimate objection, and the Plaintiff filed the instant lawsuit after the lapse of 60 days from the date of receiving the original written adjudication on acceptance of the instant case. Therefore, the instant lawsuit shall be dismissed as unlawful.

B. According to Article 83 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 16138, Dec. 31, 2018), a person who is dissatisfied with the adjudication of a local Land Expropriation Committee may file an objection with the Central Land Expropriation Committee within 30 days from the date of receiving the authentic copy of the written adjudication through the relevant local Land Expropriation Committee. According to Article 85(1), a project operator, landowner or person concerned may file an administrative litigation within 60 days from the date of receiving the written adjudication where he/she is dissatisfied with the adjudication of the Land Expropriation Committee, and within 30 days from the date of receiving the written adjudication where he/she has filed an objection.

In full view of the above provisions, an administrative litigation shall be initiated within 60 days from the date the adjudication becomes known if the adjudication was known and the method of immediately filing an administrative litigation is selected.

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