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(영문) 대전고등법원 2018.12.19 2017누14548
손실보상금및부당이득금등청구
Text

1. A claim for restitution of unjust enrichment against Defendant Korea Rail Network Authority added by this Court.

Reasons

The court's explanation in this part is identical to the description of "1........." (including the third 2 to 13 of the judgment of the court of first instance) among the reasons for the judgment of the court of first instance, and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Judgment on the legitimacy of a lawsuit (this part of the main defense)

A. 1) Determination on the change of the main defense against Defendant Railroad Corporation’s Appointor D’s main defense of the main defense against Defendant Railroad Corporation did not go through the adjudication procedure on moving expenses, stock breeding and farming losses, facility compensation expenses, etc. Therefore, the Appointor’s claim for compensation for losses against Defendant Railroad Corporation is unlawful as it violates the pre-determination principle. 2) Determination on the acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

According to the above, in order for a landowner or person concerned to receive compensation for losses caused by the expropriation or use of land, etc. from a project operator, consultation procedures are required between the project operator and the project operator (Articles 16 and 26), and “when consultation has not been reached,” the project operator shall request the competent Land Tribunal to file an application for the adjudication and undergo adjudication procedures (Articles 30 and 28) (Articles 30 and 28). If there is an objection against the adjudication on expropriation, an administrative lawsuit may be filed against the said adjudication after filing an application for an administrative lawsuit or an application for adjudication with the Central Land Tribunal (Articles 83 through 85). As above, Articles 83 through 85 of the Land Compensation Act provide for the principle of the necessary adjudication prior to the adjudication. According to Articles 34 and 50 of the Land Compensation Act, “compensation for losses” is one of the matters of the adjudication by the Land Tribunal (Article 34 and 50 of the Land Compensation Act, so related persons, such as the landowner, etc., receive the Land Compensation Act.

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