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(영문) 대구지방법원 2016.02.03 2015구합1511

수용재결취소등

Text

1. The plaintiff's claim against the defendant Gyeongbuk-do local Land Tribunal is dismissed.

2. Defendant Asian Trust.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business Name B (hereinafter “instant project”): A public notice given on July 26, 2012; A public notice given at Ansan-si on September 12, 2013; and D- Business Operator: Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Company”).

B. The Defendant Commission’s ruling on expropriation on March 12, 2014 (hereinafter “instant expropriation ruling”): The land and obstacles (hereinafter “land subject to expropriation”) listed in the attached Table 1 list; the “land subject to expropriation” listed in the “instant land”; the “land subject to expropriation” listed in the attached Table 1 list; the “land subject to expropriation” described in the attached Table 1 list; the “land subject to expropriation” refers to the “instant obstacles”; and the “goods subject to expropriation” including each of the above land and obstacles, refers to the “goods subject to expropriation” in the attached Table 1 list: The amount subject to expropriation” is listed in the “amount of expropriation

- Commencement date of expropriation: An appraisal corporation for a stock company and a branch of the Korea Appraisal Board (hereinafter referred to as “appraisal of expropriation”) on April 21, 2014

C. The Central Land Tribunal’s ruling on July 16, 2015 - The amount of compensation indicated in the column for “the amount of this ruling” in the attached Table 1 compensation statement is increased as the same, and the Plaintiff’s claim for compensation for losses arising from decline in the value of E- 231 square meters (hereinafter “the remaining land of this case”) is dismissed. - An appraisal corporation: A flood appraisal corporation, a stock company, and a one appraisal corporation (hereinafter “instant appraisal”)

D. The result of the court’s entrustment to the appraiser F of this Court for appraisal (hereinafter “court appraisal”): The content of appraisal is as stated in the “court appraisal amount” column in the annexed Table 1 compensation statement, and there is no difference in the value of the remaining land of this case.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 (including paper numbers), the result of the appraisal commission to appraiser F of this court, the purport of the whole pleadings

2. Determination as to the primary claim against the defendant committee

A. The plaintiff's assertion 1 is bona fide by the defendant company.