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(영문) 춘천지방법원 2018.10.30 2017구합884
잔여지수용청구기각처분취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Project name: Road project (B). The road project name; hereinafter referred to as “instant project”);

(2) Notice: The project implementer, on July 1, 2016, announced by the original Regional Land Management Administration C3): the Defendant (the head of the original Regional Construction and Management Administration).

B. The Plaintiff owned a part of the land owned by the Plaintiff, which was incorporated into the instant business area, 1,156 square meters prior to D, Won-si. However, the said land was divided and divided on October 10, 2017 (E prior to 290 square meters) and incorporated into the instant business (hereinafter “instant incorporated land”).

(2) On November 22, 2017, the Defendant completed the registration of ownership transfer on the instant incorporated land on October 31, 2017 due to land expropriation. (2) According to the aforementioned incorporated land, D previous 86 square meters (hereinafter “the instant remaining land”) were not incorporated into the instant project but remaining.

C. On December 7, 2017, the Central Land Tribunal filed a petition for expropriation of the remaining land of this case, but the said petition was dismissed on the ground that “The area of the remaining land of this case is larger, the form of the land is not an irregular form, and the entry is possible through new roads, so it cannot be deemed significantly difficult to use the remaining land for the previous purpose.”

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 4, purport of the whole pleadings

2. Determination as to the plaintiff's request for accommodation of remaining land

A. On the northwest of the remaining land of this case, the Plaintiff’s assertion by the party concerned 1, the highway F is installed on the northwest of the remaining land of this case, and the southwest of the National Highway F. According to the project of this case, if the National Road F is expanded, the traffic volume increase is likely to cause a traffic accident, and accordingly, the safety problem is likely to occur in the entry into and exit

In addition, the remaining land of this case is the land in the form of a pipe between the expressway and the national highway, and the vertical length is only 15 meters, and it is difficult to exercise the right to the remaining land of this case.

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