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(영문) 서울행정법원 2015.12.03 2015구합5382
토지수용재결취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing Project (B): The defendant, published on December 3, 2009, as C, the Ministry of Land, Transport and Maritime Affairs published on November 16, 201;

(b) The Central Land Tribunal’s ruling on expropriation made on March 20, 2014 - Land subject to expropriation made on March 20, 2014 - Land owned by the Plaintiff: 306 square meters of E gas station site, 354 square meters of F gas station site, 838 square meters of G gas station site, 703 square meters of H gas station site, 740 square meters of I gas station site, 75 square meters of J gas station site, and 55 square meters of J gas station site (hereinafter “instant land”) and its obstacles - The date of expropriation: Compensation for losses on May 13, 2014 - Compensation for losses: 8,416,548,430 won (=land 6,681,754,100 won of obstacles)

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated March 26, 2015 - The Plaintiff’s objection to be excluded from the project district of the instant case is dismissed. [Grounds for recognition] The Plaintiff’s objection is dismissed. [The grounds for recognition] of absence of dispute, Gap’s evidence Nos. 1 and 2, and evidence Nos. 3-1 through 6, and the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff operated a gas station for more than 10 years on the land of this case, but he lost his occupation due to the project of this case.

In light of the fact that the Defendant’s expropriation of the instant land without accepting it is inappropriate in terms of the propriety of means and the minimum degree of infringement, and that there are many cases where the project is performed while maintaining a gas station in other areas, it also violates the principle of equality.

B. The language and text of Article 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Articles 83 and 85 of the same Act stipulate an objection to the Central Land Expropriation Committee as a voluntary procedure. The proviso to Article 19 of the Administrative Litigation Act provides that adjudication on an administrative appeal shall be subject to revocation litigation only where the adjudication itself is based on an inherent error.

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