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Status and Legal review of Lawsuit seeking the payment of compensation
Public Land Law Review
Abbr :
KPLLR
2012, 58(), pp.107-130
Publisher : Korean Public Land Law Association
Research Area : Law
2012, 58(), pp.107-130
Publisher : Korean Public Land Law Association
Research Area : Law
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Any project operator may expropriate the land, etc. by the adjudication of the land expropriation committee, when it is necessary for implementing the public works on ACT ON THE ACQUISITION OF LAND, ETC. FOR PUBLIC WORKS AND THE COMPENSATION THEREFOR. The landowner or person concerned for any losses incurred by the acquisition or use of the land, etc. may receive indemnity on the adjudication. Any landowner etc. who is dissatisfied with the adjudication, may institute an appeal litigation on the adjudication. In cases where an administrative litigation intended to concerning the increase or decrease in the indemnity, he/she may institute a lawsuit seeking increase or decrease the payment of compensation. The landowner etc. may receive indemnity for losses when there is any decrease in the price of remaining land or other losses, any business losses incurred by the discontinuation or suspension of business, etc.. by this ACT. But there is no provision with the process of receiving compensation. In that case, any person who may receive indemnity, he/she via an adjudication, may institute an appeal litigation on the adjudication or a lawsuit seeking increase or decrease the payment of compensation. But he/she may institute a lawsuit seeking the payment of compensation(party litigation) without going through an adjudication.
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