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(영문) 대법원 2019.01.17 2018두54675
공탁된 수용보상금에 대한 가산금 청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. A landowner who has failed to file an application for parcelling-out after authorization for the implementation of a redevelopment project is granted under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall lose his/her membership and be subject to cash settlement

In such cases, a landowner may file an application for adjudication with a project operator pursuant to the "Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor" applied mutatis mutandis pursuant to Article 65 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Land Compensation Act")

(Article 30(1) of the Land Compensation Act. Upon receipt of such request, a project operator shall file an application for adjudication with the competent Land Tribunal within 60 days from the date of receipt of the request (Article 30(2) of the Land Compensation Act). If a project operator files an application for adjudication after the expiration of the period, the project operator shall pay additional dues for delay calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings to the delayed period in addition to the compensation

(Article 30(3) of the Land Compensation Act. When a project operator is dissatisfied with the above adjudication rendered by the competent Land Tribunal, he/she may institute an administrative litigation (Article 85(1) of the Land Compensation Act), but where the administrative litigation instituted by the project operator is dismissed or withdrawn, the amount calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for the Period from the day the authentic copy of the written adjudication is received to the day

(Article 87 (1) of the Land Compensation Act). 2. A

The lower court acknowledged the following facts.

The defendant shall be the Seoul Special Metropolitan City on June 24, 2014 after the lapse of 60 days from the date on which the plaintiffs who had been a landowner requested the defendant who was a project operator to file an application for adjudication of expropriation.

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