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(영문) 인천지방법원 2015.12.17 2015구합52320
수용보상금증액청구의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 6, 2009, the Defendant is the executor of the housing site development project publicly notified by the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as the "C District Housing Site Development Project") and the Plaintiff is the owner of a warehouse, etc. with obstacles on the Incheon Western-gu D, E, and F ground included in the said project site.

B. On September 25, 2014, the Central Land Tribunal rendered a ruling of acceptance of the Plaintiff’s compensation amounting to KRW 348,942,90 (hereinafter “instant adjudication of acceptance”) on the ground that the Plaintiff did not reach an agreement on compensation for losses between the Defendant and the Plaintiff. The Plaintiff was served with the authentic copy of the instant adjudication of acceptance on October 1, 2014.

C. On November 3, 2014, the Plaintiff filed an objection against the instant adjudication on expropriation with the Central Land Expropriation Committee. However, on June 25, 2015, the Central Land Expropriation Committee rendered a ruling dismissing the Plaintiff’s objection on the ground that the Plaintiff’s objection was solely intended to file the said application period and is unlawful.

(hereinafter referred to as “instant objection”) D.

On August 3, 2015, the Plaintiff filed the instant lawsuit seeking the increase of compensation for losses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the lawsuit in this case is lawful

A. Article 83(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor provides that "any person who has an objection to the adjudication rendered by the Central Land Expropriation Committee under Article 34 may file an objection with the Central Land Expropriation Committee," and Article 83(3) of the same Act provides that "any person who has an objection under paragraphs (1) and (2) shall file an objection within 30 days from the date of receiving the authentic copy of the written adjudication," and Article 85(1) proviso of the same Act provides that "any project operator, landowner or person concerned may file an administrative litigation within 60 days from the date of receiving the written adjudication, and within 30 days from the date of receiving the written adjudication, if he/she has filed an objection,” respectively.

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