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(영문) 대구지방법원 2021.01.20 2019구합1205
토지수용재결처분취소 및 수용보상금지급
Text

Among the lawsuits in this case, the application for cancellation of the adjudication on expropriation to the expropriation committee in Daegu Metropolitan City is dismissed.

2...

Reasons

1. Details, etc. of ruling;

(a) The name of the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project that is the project

B. On June 25, 2019 of the Defendant Daegu Metropolitan City Land Expropriation Committee (hereinafter “Defendant Committee”)’s ruling on expropriation (hereinafter “instant adjudication on expropriation”): The land and the obstacles indicated in the attached list (hereinafter “land and obstacles”): 224,038,450 won (i.e., compensation for the instant obstacles in KRW 192,770,650) (i.e., compensation for the instant obstacles in KRW 31,267,80 for the instant land): the compensation determined in the adjudication on expropriation of the instant obstacles in KRW 34,425,00; however, according to the evidence of subparagraph 2, the compensation determined in the adjudication on expropriation of the instant obstacles in question can be acknowledged as constituting 31,267,800).

Date of commencement of expropriation: August 9, 2019

As a result of the court’s entrustment of appraisal to appraiser E (hereinafter “the result of the court’s appraisal”): The Plaintiff applied for the appraisal of the instant land and obstacles on May 29, 2020, but withdrawn the application for appraisal of the instant obstacles on June 17, 2020.

【Unfounded grounds for recognition】 The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 1 (including various numbers), and the purport of the whole pleadings

2. Determination ex officio as to the claim for revocation of the adjudication on acceptance of this case against the defendant committee among the lawsuit of this case

A. Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “When a project operator, landowner or person concerned is dissatisfied with an adjudication under Article 34, the project operator, landowner or person concerned shall file an objection within 90 days from the date of the receipt of a written adjudication, or when he/she received an objection.

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