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(영문) 춘천지방법원 2015.05.01 2014구합4847
토지수용원인무효
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 Recognition and Public Notice - Business Operator - Head of Excursion Ship and Fishing Village Road Project (C Corporation; hereinafter referred to as the “instant Project”) - Notification D of Excursion Ship and Fishing Village on December 14, 2001

B. The Central Land Expropriation Committee’s ruling on expropriation on November 26, 2002 (hereinafter “instant ruling on expropriation”): The land, etc. of this case - Compensation: KRW 996,221,00 (the compensation for the land of this case shall be KRW 61,874,250) - The time of expropriation: The time of expropriation: The fact that there is no dispute over the ground for recognition / [the ground for recognition], the entries in subparagraphs 1 and 2, and the purport of the entire pleadings

2. If the Plaintiff’s assertion fails to pay or deposit the compensation adjudicated by the competent Land Tribunal by the date of expropriation or commencement of use, the adjudication becomes null and void. However, there was no payment or deposit by the Y, which is the project implementer, to the present day, and E, a stock company which has no legal relations with the Plaintiff, deposited the money, but did not deposit the money by the time of expropriation. Therefore, land expropriation by the adjudication on expropriation of this case is null and void.

3. The former Land Expropriation Act enacted on February 4, 2002 and enforced on January 1, 2003 is repealed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Article 65 of the same Act provides that “In case where public project operators fail to pay or deposit the compensation adjudicated by the competent Land Expropriation Committee by the time of expropriation or use, the relevant Land Expropriation Committee’s adjudication becomes void.”

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 and 3, the court below acknowledged that the court below deposited 61,874,250 won as the deposited person as the plaintiff on December 26, 2002, the time of the acceptance of the case by the defendant under the Youngcheon District Court Youngcheon District Court Young-gu Branch No. 634 on December 26, 2002, which was the time of acceptance of the case.

According to the evidence No. 3, E, a stock company, on December 26, 2002, shall be the amount of compensation under the written adjudication on expropriation of this case to the deposit public official account, 96,21.

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