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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
B The Gangseo-gu Busan Metropolitan City 313 square meters, and D 3,046 square meters, respectively, are owned by each owner of E, and F and G 3,001 square meters of H 3,001 square meters of land (hereinafter the above each farmland is referred to as “each farmland of this case”), and the Defendant is the operator of public works whose respective farmland of this case is one of the project districts.
The defendant expropriates each farmland of this case on January 13, 2015, and completed the registration of ownership transfer on January 26, 2015.
[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 and 2 (including a branch number if a branch number exists), and the purport of the entire pleading as to the lawsuit of this case as to the legitimacy of the lawsuit of this case, the plaintiff asserted that the plaintiff entered into a lease agreement with each owner of each farmland of this case and cultivated each farmland of this case for about 10 years from that time.
Inasmuch as the Plaintiff was unable to cultivate each farmland of this case due to public works executed by the Defendant, the Defendant is obligated to pay to the Plaintiff the sum of the amount of farming loss compensation for each farmland of this case (i.e., KRW 12,825,180 for farming loss compensation for farmland of KRW 1,317,880 for land owned by the Plaintiff, KRW 12,825,180 for farmland owned by the Plaintiff, KRW 12,635,710 for farming loss compensation for land owned by the Defendant, and KRW 12,635,710 for land owned by
The Defendant’s defense prior to the merits is unlawful as filing the instant lawsuit without going through the adjudication procedure of the Central Land Expropriation Committee.
The attached details of the relevant statutes shall be as specified in the statutes.
Judgment
According to the provisions of Articles 26, 28, 30, 34, 50, 61, and 83 through 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), landowners and persons concerned (hereinafter “persons concerned, etc.”) under subparagraphs 4 and 5 of Article 2 of the Land Compensation Act receive compensation for losses from project implementers due to the expropriation or use of land, etc.