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(영문) 창원지방법원 2018.11.14 2018구합51261
수용재결취소등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of ruling;

(a) Business authorization and public announcement - Business name: C Business authorization and public announcement: D public announcement of project implementation on May 6, 2010; E public notification of Gyeongnam-do on July 5, 201; F public notification of Gyeongnam-do on January 6, 201; G public notification of Gyeongnam-do on December 29, 201; H public notification of Gyeongnam-do on November 29, 2012; G public notification of Gyeongnam-do on February 7, 2013; G public notification of Gyeongnam-do on June 20, 201; public notification of Gyeongnam-do on January 2, 2014; public notification of Gyeongnam-do on January 5, 2015; public notification of Gyeongnam-do on January 1, 2017; public notification of Gyeongnam-do on January 1, 2017; public notification of Do 2016.

B. Defendant’s ruling of expropriation on February 26, 2018 (hereinafter “instant adjudication of expropriation”) - Amount of compensation: 37,767,200 won: Date of commencement of expropriation: - The fact that there is no dispute over April 20, 2018 / [based on recognition], Gap evidence 1, Eul evidence 1 through 3, and the purport of the whole pleadings and arguments.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Judgment on the main defense of this case

A. The defendant asserts that the lawsuit of this case is unlawful since the period of filing the lawsuit stipulated in Article 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has expired.

B. According to Article 85(1) of the Land Compensation Act, when a landowner or person concerned is dissatisfied with a ruling of expropriation, he/she may file an administrative suit within 60 days from the date of receipt of a written ruling.

However, according to the overall purport of evidence Nos. 1 and 1 and evidence Nos. 1 and the whole pleadings, the Defendant’s instant adjudication on expropriation against the Plaintiff on February 26, 2018 may be acknowledged as being served with the written adjudication on expropriation on March 9, 2018, and the Plaintiff’s receipt of the written adjudication on expropriation on March 9, 2018. The fact that the Plaintiff filed the instant lawsuit on May 9, 2018 after the lapse of 60 days from the date of receiving the written adjudication on expropriation of the instant case is apparent in the records. Thus, the instant lawsuit is unlawful as it exceeds the period

4. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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