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(영문) 대전지방법원 2017.08.18 2016구합1617
토지수용이의재결취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: C District urban planning road construction - Public announcement of project implementation authorization: D public announcement of liberae-gun on February 20, 2014, D public announcement of D, libera-gun on July 27, 2015, F public announcement of lurg group on September 14, 2015 - Project implementer: lurgian head;

B. Defendant’s ruling on expropriation on October 30, 2015 - Articles 122 square meters and its ground owned by Plaintiff B, - The date of expropriation: 43,454,50 won: 43,454,50 won

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated April 21, 2016 - Plaintiff B’s rejection of the objection. [Grounds for recognition] The fact that there is no dispute, Gap evidence 10, Eul evidence 5, and the purport of the entire pleadings

2. Judgment on the main defense of this case

A. The main purport of the main defense of this case was to set the period for filing a lawsuit, and the plaintiff A is not the other party to the adjudication on acceptance of this case, and is not the standing to sue.

Therefore, all of the instant lawsuits are unlawful.

B. Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “A project operator, landowner or person concerned may institute an administrative litigation within 60 days from the date of receipt of a written adjudication when dissatisfied with the adjudication under Article 34, and within 30 days from the date of receipt of a written adjudication on an objection if he/she has filed an objection,” respectively.

According to the statement of No. 1 and No. 1, it is recognized that Plaintiff A, the spouse of Plaintiff B, received the instant written adjudication on May 16, 2016. It is apparent that the instant lawsuit was filed on November 11, 2016, 30 days after the said lawsuit was filed.

On June 7, 2016, Plaintiff A filed an administrative appeal with the Central Administrative Appeals Commission seeking revocation of the adjudication on expropriation of this case and nullification thereof, and filed the instant lawsuit within 90 days from the date of receipt of the written adjudication on administrative appeal.

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