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(영문) 수원지방법원 2018.07.18 2017구합71261
수용보상금증액청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details, etc. of ruling;

(a) Business name - Business name: Sungnam-si Urban Development Project (B)(3) - The authorization of implementation plan: The notification C of Sungnam-si on May 30, 2014, the notification D of Sungnam-si on June 15, 2015, the notification E of Sungnam-si on September 17, 2015, the F of the notification of Sungnam-si on November 8, 2016, the notification of Sungnam-si on June 19, 2017, the Defendant:

B. The Gyeonggi-do Local Land Tribunal’s ruling of acceptance (hereinafter “instant ruling of acceptance”) on September 25, 2017 - The subject matter of expropriation: The Plaintiff’s each entry in the H-1 square meter in the Subdivision-Gu, Sungnam-si, Sungnam-si, the 265 square meter in size and its ground objects, the J-gu, Sungnam-si, the 9 square meter in the Subdivision-23 square meter in the area of Sungnam-si, the 708,701, the 250 square meter in the area of Sungnam-si, the compensation for losses - the 708,701, the 250 square meter in the area of Sungnam-si, the date of expropriation: The fact that no dispute is raised on November 9, 2017; the purport of the entire pleadings and arguments in

2. Whether the lawsuit of this case is lawful

A. Since the plaintiff filed the lawsuit of this case 60 days after the date of receiving the written adjudication on acceptance of this case, the lawsuit of this case shall be dismissed as unlawful.

B. According to Article 85(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a project operator, landowner or person concerned may institute an administrative litigation within 60 days from the day he/she received a written adjudication when he/she is dissatisfied with the adjudication of the Land Tribunal, and within 30 days from the day he/she received a written adjudication on the filing of

Therefore, comprehensively taking account of the following facts: (a) the Plaintiff was directly served with the written adjudication of acceptance on October 10, 2017, and (b) the Plaintiff did not raise an objection against the instant written adjudication of acceptance; and (c) the Plaintiff filed the instant lawsuit only on December 12, 2017, when 60 days have elapsed from the date of receiving the written adjudication of acceptance of the instant case, and even on December 12, 2017, respectively, according to the above facts of recognition, the instant lawsuit is filed.

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