1. The instant lawsuit shall be dismissed.

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

Details of the disposition

The Plaintiff is the owner of 2,600 pule trees (hereinafter “instant trees”) located on the ground of Jeonyangyang-gun B (hereinafter “instant land”).

On March 20, 2013, the Defendant publicly announced the implementation plan for the Domyang Urban Planning Facility Project (E) project (Omyang-gun), which will implement the Domyang Urban Planning Facility Project (D development project 2; hereinafter referred to as the “instant project”).

On September 27, 2013, the Plaintiff attempted to consult with the limited-liability design professional director (hereinafter “design professional director”), the project executor of the instant project, but did not reach an agreement on the transfer of the instant trees incorporated into the instant project district, and filed an application for adjudication of expropriation with the Jeonnam-do Regional Land Tribunal. On September 27, 2013, Jeonnam-do Regional Land Tribunal rendered a ruling of acceptance with respect to the Plaintiff (hereinafter “instant adjudication of acceptance”) stating that “the project executor shall transfer the instant trees for the instant project, and the transfer cost of the instant trees shall be KRW 15,435,82.”

On June 19, 2014, the Plaintiff filed an objection to the instant expropriation ruling with the Central Land Expropriation Committee, and the Central Land Expropriation Committee rendered an objection to increase the transfer cost of trees of this case to KRW 16,627,00 (hereinafter “the instant ruling”).

On July 4, 2014, the Plaintiff filed a lawsuit against the Defendant seeking an amount of compensation premium under this Court 2014Guhap1062, but was sentenced to dismissal on August 27, 2015, and the said judgment became final and conclusive on September 12, 2015.

Since then, on September 14, 2015, the Defendant transferred the instant trees to the Plaintiff by September 30, 2015, and if the Plaintiff fails to implement the said trees by the said deadline, Article 89 of the Act on Acquisition of and Compensation for Public Works Projects (hereinafter “Land Compensation Act”) and the Administrative Vicarious Execution Act.