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1. Of the judgment of the first instance, the part on Plaintiff Q and R shall be revoked. A.
Defendant’s KRW 30,450,930, and Plaintiff Q.
Reasons
1. Details of ruling;
A. On April 2, 2014, the head of the Daejeon Regional Construction and Management Administration published an implementation plan for river works pursuant to Article 27 of the River Act, etc. as a public notice of the Daejeon Regional Construction and Management Office.
According to the above public notice, the name of river work is "B River Environment Improvement Project" (hereinafter "project in this case"), and the above public notice is "public notice on the implementation of the project in this case", and the project in this case is the Daejeon Regional Land Management Office.
B. Plaintiff H, I, J, K, and L (hereinafter “Plaintiff, etc.”) and D (hereinafter “Plaintiff, etc.”) demanded the Daejeon Regional Land Management Office to compensate for the development costs of each of the above lands in accordance with Article 27 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Rule of the Land Compensation Act”), arguing that “the Plaintiff, etc. or former occupant of the Plaintiff, etc. developed the land as indicated in the table [Attachment 3], and thereafter the Plaintiff, etc. occupied and cultivated the pertinent land until now.”
C. On May 20, 2015, the Plaintiff, etc. filed an application for adjudication of expropriation on May 20, 2015, and the Daejeon Regional Land Management Office applied for adjudication of expropriation with the Central Land Expropriation Committee on July 7, 2015.
On March 24, 2016, the Central Land Tribunal dismissed an application for adjudication with the purport that “the Plaintiff, etc. shall not be deemed to lawfully possess each of the instant land from the time of the development to the time of compensation” and that “the Plaintiff, etc. shall not be deemed to lawfully possess each of the instant land from the time of the development to the time of compensation.”
(hereinafter “instant acceptance ruling”) D.
Each land of this case is located within the project implementation zone of this case.
E. Meanwhile, D’s spouse Plaintiff H, Plaintiff I, J, K, and L (hereinafter above Plaintiffs) died on February 11, 2016.