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(영문) 부산지방법원 2017.01.20 2015구합1114
손실보상금지급
Text

1. The Defendant: 25,951,920 won to the Plaintiff, and 5% per annum from June 25, 2015 to January 20, 2017, and the next day.

Reasons

1. Details of ruling;

(a) Business Approval and Public Notice - A waterfront Development Project (Bwaters(5) - Designation and Public Notice of a waterfront (Public Notice of the Ministry of Land, Transport and Maritime Affairs C, December 14, 2012) - Project developer: Defendant;

B. Determination of expropriation by the Central Land Tribunal (hereinafter “instant expropriation adjudication”): The land owned by the Plaintiff within the project zone (hereinafter “instant land”) is indicated in the column for “land subject to expropriation” as shown in the attached Table.

- Compensation for losses: as shown in the attached Table “Adjudication Amount for Expropriation” column.

- Commencement date of expropriation: January 13, 2015

The results of the expert appraisal by this Court (hereinafter referred to as the "court appraisal") - Contents of the expert appraisal: It shall be as stated in the column of "court appraisal amount" in the attached Table.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, appraiser D's appraisal result, the purport of the whole pleadings

2. According to Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Defendant filed a lawsuit within 60 days from the date of receipt of the written adjudication when he/she is dissatisfied with the adjudication of expropriation. As such, the Plaintiff had filed a lawsuit by March 21, 2015, which is the 60th day from the date the service of the written adjudication became effective. The Plaintiff filed the instant lawsuit on April 6, 2015, which must be filed on the date when the period for filing the lawsuit expires, to the effect that the instant lawsuit is unlawful.

The term "date when the party becomes aware of a disposition," which is the starting point of the filing period of a lawsuit under Article 20 (1) of the Administrative Litigation Act, means the date when the party becomes aware of the relevant disposition by means of notice, public notice, or other methods, and where the public notice is made in the Official Gazette, official bulletin, bulletin board, daily newspaper, etc. as it is impossible to serve the administrative disposition against a specific person on the grounds that his address is unknown, it cannot be deemed that the other party was aware of

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