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(영문) 대법원 2015.02.26 2012두11287
손실보상금등
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 11017, Aug. 4, 2011; hereinafter “Land Compensation Act”) requires that the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to a project executor who expropriates any land or building for implementing a rearrangement project in a rearrangement zone as a project executor (Article 40(1)). According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 11017, Aug. 4, 2011; hereinafter “Land Compensation Act”), if an agreement is not reached after a public announcement of project approval (which corresponds to the public announcement of project approval under the Act on the Acquisition of Urban Areas and the Maintenance and Improvement of Residents, etc.), the landowner and person concerned (hereinafter “ landowner, etc.”) may request in writing the project executor to file an application for adjudication under the conditions as prescribed by the Presidential Decree within 60 days after the request is made, and if the project executor files an application for adjudication after the period, payment shall

(Article 30(1), (2), and (3). Meanwhile, when a project operator fails to pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation, such adjudication shall lose its validity (Article 42(1) of the Land Compensation Act), and the project operator’s application for adjudication shall also lose its validity (see Supreme Court Decision 84Nu158, Mar. 10, 1987). In this case, the project operator again files an application for adjudication. In such a case, in principle, it is not necessary to go through the procedures for consultation with landowners, etc., and thus, Article 30(1) of the Compensation Act shall be applied to landowners, etc. before the adjudication becomes void

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