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(영문) 대전지방법원 2018.08.09 2016구합106512 (1)

손실보상금

Text

1. The Defendant: 10,896,250 won to Plaintiff A; 13,204,80 won to Plaintiff B; 13,474,600 won to Plaintiff C; and 35,038.

Reasons

1. Details of ruling;

(a) Business approval and public announcement - A waterfront development project: A project approval and public announcement - AR publicly announced by the Ministry of Land, Infrastructure and Transport ( January 23, 2014) (R ( January 19, 2015)

(b) Project operator: Defendant and Daejeon Metropolitan City;

C. The Central Land Expropriation Committee (as of March 24, 2016) - Land subject to expropriation: The land listed in the attached Table 2 list (hereinafter “instant land”) - The starting date of expropriation: May 17, 2016.

The Central Land Tribunal's objection (as of November 24, 2016) - Compensation for losses: Money stated in the corresponding column for "amount of objection" as stated in the attached Table 3 (However, in the case of Plaintiff S, the objection against the adjudication of expropriation was dismissed, and the amount stated in the corresponding column was indicated as compensation for losses for the adjudication of expropriation): [The grounds for recognition: Evidence Nos. 1 through 4, 1, 4, 5, 6 (including the provisional number; hereinafter the same shall apply)

(2) 【Each entry】

2. Summary of the plaintiffs' assertion

A. Before the public works of this case were publicly announced, Troad (hereinafter “instant urban planning facility road”) was designated and publicly announced to the right side of the instant public works zone, and the said urban planning facility road was abolished upon the implementation of the instant public works.

Therefore, according to Article 28 of the Land Compensation Guidelines, the existence of the above urban planning road should be reflected in assessing the compensation price of the land in this case, pursuant to Article 28 of the Land Compensation Guidelines, which states that the topographical map for urban management planning under Article 32 of the National Land Planning and Utilization Act is linked to the roads of urban planning facilities, regardless of whether it is directly related to the relevant public works.

Nevertheless, the court's entrustment of appraisal of compensation for losses with respect to the land of this case (hereinafter "court's appraisal").