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(영문) 서울행정법원 2015.01.23 2014구합10721
보상평가검토기관고시처분등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(a) If, as a result of the review, it is deemed that the appraisal has been made unfairly, such as where the appraisal is conducted in violation of relevant Acts and subordinate statutes or where, without any reasonable grounds, the officially assessed value of the reference land is significantly different from that of the reference land;

In such cases, a project operator may request an institution deemed to have expertise in the evaluation of compensation and publicly notified by the Minister of Land, Infrastructure and Transport to examine whether the relevant evaluation has been illegally or unfairly conducted.

Pursuant to Article 17 (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Ministry of Land, Infrastructure and Transport Notice No. 2013-42, the following agencies shall be publicly notified:

On July 12, 2013, the Minister of Land, Infrastructure and Transport (hereinafter referred to as the “Korea Appraisal Association”) established pursuant to Article 2 of the State Property Act of the Korea Appraisal and Assessment of Real Estate Act* The Korea Appraisal and Assessment Association under Article 40 of the Public Notice of Values and Appraisal of Real Estate Act* Until June 30, 2014, the Plaintiffs filed an administrative appeal seeking the revocation of the instant public notice with the Central Administrative Appeals Commission on October 8, 2013, but was dismissed on the ground that the instant public notice was not an administrative disposition on February 25, 2014.

【In the absence of dispute, the Defendant’s notice of this case’s assertion as to the defense of this case’s defense of the whole purport of the pleading, as stated in the Gap evidence No. 1, Gap evidence No. 3-1, No. 2, and No. 4, is aimed at fair evaluation by providing a means by which the project implementer can determine whether or not the compensation assessment report is illegal or unjust, and thus, cannot be deemed as directly related to the rights and obligations of the people.

A lawsuit seeking the cancellation of an administrative disposition may be brought only by a person who has a legal interest in seeking the cancellation, and due to the public notice of this case.

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