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(영문) 전주지방법원 2021.01.28 2020구합1121
토지수용재결 및 기각결정 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of ruling;

(a) Business Recognition and Public Notice - Business Name: Road Project (B) - Public Notice for Business Recognition: (a) - Public Notice for Business Recognition: Jasan Local Land Management Office-Public Notice for Business Operators on May 21, 2018

B. The ruling on expropriation on December 5, 2019 by the Central Land Expropriation Committee (hereinafter referred to as the “adjudication on expropriation”) - The land subject to expropriation is divided into E, E, E, 2,065 square meters (hereinafter referred to as “previous land before subdivision”) around August 20, 2018, the area of the said land was divided into 1,657 square meters in E, E, 39 square meters in F, F, 39 square meters in G, and 9 square meters in total, and the previous land is excluded from expropriation. - The Plaintiff filed a claim for expropriation of the previous land in G, the area of which is larger than that of the previous land, but is able to be used as “the answer.”

(c) the claim is dismissed.

The Central Land Expropriation Committee's ruling on March 26, 2020 (hereinafter referred to as the "adjudication") - The plaintiff raised an objection against the above expropriation ruling on the part of the previous land in dispute, but the plaintiff also dismissed such objection for the same reason.

1) Of the land incorporated into the instant project among the land before subdivision, the current status of the land subject to compensation for the remaining land in the instant lawsuit (including the part of the “civil petition land” as set forth below; hereinafter “the remaining land of this case”) is as follows.

E2) The land before the division into the remaining land of this case is located in the agricultural and forest area, and is adjacent to the road to be rearranged in accordance with the project of this case, and in the middle, a pumping station is installed at approximately 1.7 meters high.

Accordingly, the land before subdivision appears to be separated from the upper part (1,315 square meters in appearance) and the lower part (750 square meters in the lower part). It is located at the lower part of the remaining part of the instant case.

3) Of the lower part of the land before subdivision, F.M. 39 square meters incorporated into the instant project and the instant case.

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