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(영문) 창원지방법원 2014.01.14 2012구합3000
재결취소 등
Text

1. The plaintiff's action against the Central Land Expropriation Committee shall be dismissed.

2. Defendant Korea Rail Network Authority shall:

Reasons

1. Details of ruling;

(a) Business authorization and public notice - The project approval and public notice - the Busan New Port Port, the Busan High Port, and the Trank (hereinafter referred to as the “instant project”) - the project for the promotion of lottery, fire extinguishing, and fire extinguishing (hereinafter referred to as the “instant project”) - the project operator No. 2005-91, April 16, 2005

B. The Plaintiff owned B 533 E B 11 B 11 B 256 F 16C 30 G 301 C 387D 1,517 493 J 623 J 623, 698 2,793, the sum of 3,698 905 m2,517 m2,517 m2,517 m2,517 m2 (hereinafter collectively referred to as “before expropriation”) of the remaining land area of the land subject to expropriation prior to the subdivision and expropriation of the land. However, the instant project was divided into the said land as shown below, and the Defendant Corporation entered the said land in the schedule below the commencement date of expropriation in accordance with the Defendant Committee’s ruling on December 15, 2006 (hereinafter referred to as “land subject to expropriation”).

(hereinafter referred to as “land subject to accommodation” in the following table, collectively, shall be deemed to be “land subject to accommodation,” and the remaining land in the following table shall be collectively referred to as “the remaining land of this case,” and the individual land shall be specified as its parcel number).

The Defendant Committee’s ruling on July 20, 2012 - The Plaintiff’s application for compensation for losses due to the decline in the value of the remaining land of this case as the instant project - The details of the adjudication - The Plaintiff’s dismissal of the Plaintiff’s claim for compensation for losses is deemed to lack of value of the remaining land as a result of the appraisal and assessment / there is no dispute on the grounds that there is no ground for recognition / the Plaintiff’s dismissal of the Plaintiff’s claim for compensation for losses,

2. The Defendant Committee asserts that since the instant lawsuit is a lawsuit on the increase or decrease of compensation, the Defendant Committee’s main defense against the Defendant Committee, which is the project implementer, shall file a lawsuit against the Defendant Corporation, which is not qualified for the Defendant, and thus, ought to be dismissed as illegal.

Acquisition of and compensation for land, etc. for public works.

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