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(영문) 서울행정법원 2019.07.11 2018구합75771
행정대집행비용납부명령취소 청구의 소
Text

1. On June 15, 2017, the Defendant’s order to pay KRW 418,00,000 for administrative vicarious execution to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Defendant, as the implementer of the “B Expressway Private Investment Project” (hereinafter “instant project”), was entrusted with the authority to vicariously execute the instant project pursuant to Article 89 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

The Plaintiff, as the owner of five lots of land (hereinafter “instant land”), such as 1,197 square meters, in Namyang-si, Namyang-si, the land for the instant project, was incorporated into the instant project site, and was engaged in manufacturing, wholesale, retail, etc. with the trade name “D industrial company”.

B. The Defendant filed an application for adjudication of expropriation with the Central Land Expropriation Committee, in order to not reach an agreement on the acquisition of the instant land and the transfer of the goods on the ground, and the Central Land Expropriation Committee rendered a ruling of expropriation on September 17, 2015 (the date of commencement of expropriation, November 10, 2015), and on March 24, 2016, transferred 95 obstacles, such as “Tta 10t x 976 x 976 x 525,563,80 won, etc., to compensate the Plaintiff for the expenses incurred prior to the expropriation.

(Date 17 May 2016).

On October 27, 2016, the Central Land Expropriation Committee made an objection against the above transfer cost to increase the transfer cost to KRW 570,611,300.

Accordingly, the defendant made the plaintiff as the principal and deposited the above 570,611,300 won in full. D.

On May 24, 2016 and June 9, 2016, when the Plaintiff did not move the obstacles, the Defendant entrusted the authority of vicarious execution by the Korea Highway Corporation pursuant to Article 13-2 to the South-Korea Highway Corporation Act, and the Defendant voluntarily removed 95 obstacles, such as “Ti 10t x 976 x 976 x 30 days,” and sent a letter of warning stating that the expenses will be collected after conducting vicarious administrative execution if not voluntarily removed.

E. The plaintiff's written appeal is accepted.

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