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(영문) 수원지방법원 2016.08.23 2015구합70486

손실보상금

Text

1. The defendant shall pay to the plaintiffs the amount of compensation in attached Form 1 [Difference] and each of the above amounts.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Public Housing Project (K) - - Ma announced by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010 (hereinafter “instant project”) on the Ministry of Land, Transport and Maritime Affairs on October 14, 2014 - Project operator: Defendant

(b) The Central Land Tribunal’s ruling of expropriation on March 26, 2015 - Land subject to expropriation: Each land listed in the separate sheet of land (hereinafter collectively referred to as “instant land”): Compensation for losses: Total sum of KRW 7,102,598,500 (the specific details are as indicated in the separate sheet of compensation (the amount of compensation for expropriation). The corresponding amount to Plaintiff H, I, and J is the amount calculated by the inheritance shares of Plaintiff H, I, and J, the heir of the net N; hereinafter the same shall apply) - The date of the commencement of expropriation: An appraisal corporation on May 19, 2015 - An appraisal corporation and a stock company on D&D corporation.

(c) The Central Land Tribunal made an objection on October 22, 2015 - Details of the adjudication: The Central Land Tribunal shall increase the compensation for the land in this case to KRW 7,175,346,471 in total as stated in the relevant portion in the attached Table 1 compensation statement [the amount of compensation for the land in this case] to KRW 7,175,346,471 as stated in the attached Table 1 compensation statement; An appraisal

(d) A request to the appraiser of this Court for appraisal - Contents of appraisal - Contents of appraisal : The same shall apply to the amount in the column of the attached Form 1 compensation.

(hereinafter referred to as “court appraisal”). [Ground of recognition] The fact that there is no dispute, Gap’s evidence 1 through 5, Eul’s evidence 1 through 8, the result of this court’s commission of appraisal to the appraiser’s directors, the purport of the whole pleadings.

2. Determination

A. The criteria for “where the price of comparative standard is deemed to change due to the announcement or public announcement of the plan or implementation of the public works” under the proviso of Article 37(3)2 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for the Plaintiffs’ Claim Public Works Projects (hereinafter “Land Compensation Act”).