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(영문) 춘천지방법원강릉지원 2019.04.04 2018구합44
수용재결취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a project operator who has obtained approval [this case’s business E (No. 29, Oct. 29, 2015) from the Minister of Trade, Industry and Energy) of the implementation plan for the electric source development business (hereinafter “D business”), which is an electric source development business that constructs two electric power generation facilities from the Minister of Trade, Industry and Energy, and the Plaintiff owned a building of 420 square meters of the F site in Gangseo-si (hereinafter “instant land”) and its ground (hereinafter “instant building”).

B. The Defendant, after approval of the project implementation plan of the instant project, continued consultation with the Plaintiff to acquire land to be incorporated in the project and transfer goods, but did not reach an agreement. The Defendant filed an application for adjudication, and the Central Land Expropriation Committee rendered a ruling to expropriate the instant land and transfer obstacles on June 8, 2017.

C. The Plaintiff filed an objection by asserting any defect or increase in compensation in the procedure of the adjudication on expropriation, but the Central Land Tribunal dismissed all the above objections in the adjudication on December 21, 2017 and February 22, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) At the time of the adjudication of expropriation, since the Defendant assessed the lower amount of compensation for the instant land and building, the Defendant is obligated to additionally pay the Plaintiff the reasonable amount of compensation for the instant land and building as the assessed amount. 2) The Plaintiff is a person subject to the relocation measures of the instant project since the instant land and building were continuously residing in the instant building from before the time it was included in the instant project area to the time of the adjudication of expropriation, and therefore, the Defendant is obligated to pay the resettlement

(b) as shown in the attached Form of the relevant statutes;

C. Prior to the determination of the assertion on the increase of compensation.

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