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(영문) 대전지방법원 2019.10.30 2018구합106271
토지사용재결처분취소
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: D Project (hereinafter “instant Project”) - E published by the Ministry of Land, Infrastructure and Transport on December 22, 2014 - Project Operators: Korea Rail Network Authority:

B. Defendant’s ruling of use on August 9, 2018 (hereinafter “the instant ruling of use”): The divided superficies - the divided superficies of 1,027 square meters and 152 square meters among 12,253 square meters and 3,337 square meters, owned by the Plaintiff, for the period of use: The fact that there is no dispute over KRW 32,717,250 (based on recognition) from October 4, 2018 to the time the facilities continue to exist - The divided superficies - the divided superficies of 1,027 square meters and 3,337 square meters among 12,253 square meters in Pyeongtaek-Ba-Ba-si and B owned by the Plaintiff, and the purport of the entire pleadings and the purport of the entire pleadings.

2. The purport of the Plaintiff’s assertion is that, if the Korea Rail Network Authority uses the instant land as a result of the instant decision on use, the Plaintiff cannot perform an act of disposal, such as leasing and selling the instant land, and the Plaintiff’s adjudication on use is unlawful, since railroad facilities are virtually permanently permanently permanently permanently installed and such state may continue to exist unless a railroad tunnel is removed and closed, thereby causing the loss of ownership and seriously infringing upon the right to private property guaranteed by the Constitution. In comparison with the actual price of the instant land, the amount of compensation for use of the instant land was set excessively low.

3. Determination

A. Relevant statutes and legal principles 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Article 50 (2) of the Land Tribunal shall adjudicate within the scope requested by the project operator, landowner or person concerned: Provided, That in the case of compensation for losses referred to in paragraph (1) 2, the Land Tribunal may adjudicate on an increase in compensation, and Article 85 (2) of the same Act shall apply to a lawsuit concerning an increase or decrease in compensation when the person who files the lawsuit is the landowner or person concerned.

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