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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Minister of Land, Infrastructure and Transport (hereinafter “instant project”) shall conduct road projects (construction works connected to B Expressway; hereinafter “instant project”).
In order to implement the Road Act, a road zone was determined pursuant to Article 25(1) of the Road Act, and the said zone was publicly announced pursuant to Article 25(3) of the same Act (Notice of the Ministry of Land, Infrastructure and Transport C, the Ministry of Land, Infrastructure and Transport Notice D, February 9, 2017, and notification E, April 11, 2017). (2) The Defendant, who is the project implementer of the instant project, consulted with the Plaintiff, who is the owner of the instant land, to acquire 1,426 square meters (hereinafter “instant land”) prior to the Sinnam-si, Sungnam-si, which is incorporated into the instant project, but failed to reach an agreement, filed an application for adjudication with the Central Land Expropriation Committee.
3) On September 7, 2017, the Central Land Tribunal rendered a ruling that “the Defendant shall expropriate the instant land for the instant project, and the compensation for losses ought to be KRW 819,950,000 (=575,000 square meters x 1,426 square meters). The starting date of the expropriation shall be October 31, 2017” (hereinafter “instant expropriation ruling”).
(4) On November 3, 2017, Korea completed the registration of ownership transfer based on land expropriation on October 31, 2017.
5) The Plaintiff filed an objection with the Central Land Expropriation Committee on February 22, 2018, and the Central Land Expropriation Committee rendered a ruling that “The amount of KRW 819,950,000 for the instant land among the instant adjudication on expropriation shall be changed to KRW 837,062,00 (=587,000 square meters x 1,426 square meters)” (B) The instant adjudication and the instant disposition 1) as a result of the Defendant’s on-site investigation on the instant land on February 21, 2018, it was investigated that there exist the items listed in the attached Table (hereinafter “instant obstacles”).
2. The defendant did not reach an agreement with the plaintiff to transfer the obstacles of this case.