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(영문) 대전지방법원 2020.08.13 2020구단100972
토지보상금증액
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of ruling;

(a) project approval and public notice - B road construction (hereinafter “instant project”) - C project operator of Daejeon Metropolitan City on March 16, 2018 - Defendant

(b) The Central Land Tribunal’s ruling on expropriation on March 14, 2019 - Land owned by the Plaintiff in the instant project district (Seongsung-gu D, E, F, G), the date of commencement of expropriation: May 8, 2019.

The Plaintiff, who is dissatisfied with the above ruling of expropriation, filed an objection within the period of filing an objection, and the Central Land Tribunal rendered the said ruling on September 26, 2019 (hereinafter “the instant ruling”). D.

On October 2, 2019, the Plaintiff was served with the instant written objection.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1, and Eul evidence 1, the fact inquiry results against the Central Land Tribunal of this Court, the purport of the whole pleadings

2. The defendant's main defense and judgment

A. The instant lawsuit is unlawful, since the Defendant’s main defense period expired.

B. According to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a project operator may file an objection with the competent Land Tribunal within 30 days from the date of receiving the authentic copy of a written adjudication (Article 83), 90 days from the date of receiving a written adjudication if he/she is dissatisfied with a written adjudication, and 60 days from the date of receiving a written adjudication on an objection if he/she has filed an objection after going through a consultation procedure with the landowner and person concerned (Articles 16 and 26), or if he/she fails to reach an agreement (Article 28(1)) or is unable to reach an agreement (Article 28(1)).

(Article 85(1)) is prescribed by the Constitution.

Since the Plaintiff filed an administrative litigation through the filing of an objection against the acceptance ruling, the Plaintiff had filed the lawsuit within 60 days from October 2, 2019, on which the written objection of this case was served.

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