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(영문) 광주고등법원 2018.02.01 2017누4573

토지수용보상금증액

Text

1. The part concerning the claim for compensation for business losses in the judgment of the court of first instance shall be revoked, and this part of the lawsuit shall be dismissed;

2. The plaintiff.

Reasons

1. Basic facts

A. The Defendant is a project implementer which is established for the purpose of housing redevelopment improvement project and whose project area covers 59,535 square meters in Gwangju-dong-gu, Gwangju-gu, and the Plaintiff was the owner of the Dong-gu, Gwangju-gu, 195 square meters in size (hereinafter “instant land”).

(b) Project name 1) Project name: B housing redevelopment improvement project (hereinafter referred to as the “instant project”): Public notice E on April 30, 2015, the project implementer of Gwangju Metropolitan City Dong-gu public notice on March 18, 2016: Defendant 2) subject to expropriation by the local land expropriation committee of Gwangju Metropolitan City against the Plaintiff on May 27, 2016: The commencement date of expropriation of the instant land and its ground (hereinafter referred to as “instant housing”) and its ground (hereinafter referred to as “instant housing”): Compensation for losses on July 11, 2016: Compensation for land: 97,285,650 won (hereinafter referred to as “land compensation”) + the sum of KRW 336,136,350 square meters of the instant land + the sum of KRW 336,136,350,149,300 among the instant land (hereinafter referred to as “instant housing”) and KRW 1538,305,1355

C. On June 17, 2016, the Defendant deposited KRW 120,641,150 as the Gwangju District Court No. 3678 with the Plaintiff as the principal deposit.

On December 22, 2016, the Central Land Tribunal rejected the Plaintiff’s objection on December 22, 2016. However, the Central Land Tribunal rendered a ruling dismissing the Plaintiff’s objection on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 15, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1, which is linked to the instant land, Gwangju Dong-gu G, and H and I, which are connected in sequence with the instant land, is a de facto private road, and even if the instant land is not a private road, 1/30,000 of the instant land was assessed as a private road and paid a reasonable compensation.