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(영문) 대구고등법원 2014.10.24 2013누1790
수용보상금등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. 1) The Defendant filed the instant lawsuit only on June 27, 2012, after the lapse of 30 days from March 23, 2012, when the date on which the Plaintiff received a written objection, and the period from March 23, 2012, the Defendant asserted that the instant lawsuit is unlawful on the ground that the period for filing the lawsuit is excessive. 2) The Plaintiff asserted that, on March 23, 2012, the Plaintiff was not the Plaintiff, but the Dong G who received a written objection at the Plaintiff’s domicile, but was receiving treatment due to prolonged mental or alcohol addiction, and the Plaintiff discovered an objection that was displayed in G only on June 5, 2012. As such, the period for filing the instant lawsuit ought to be calculated from June 7, 2012, when the Plaintiff became aware of the delivery of the written objection. The instant lawsuit was not filed on June 27, 2012, which is within 30 days thereafter.

B. Determination 1) According to Articles 30(1), 34, 83, and 85(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, a project operator, landowner, and person concerned who did not reach an agreement on the amount of compensation for losses may file a petition for adjudication with the project operator after public announcement of project approval. A person who has an objection to the result of the adjudication of expropriation may file an objection with the Central Land Expropriation Committee within 30 days from the date of receipt of the original written adjudication of expropriation, or file an administrative litigation within 60 days from the date of receipt of the original written adjudication of expropriation, or from the date of receipt of the original written adjudication of expropriation, and 30 days from the date of receipt of the written adjudication if the objection was filed.

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