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(영문) 수원지방법원 2013.08.22 2012구합2703

토지수용재결처분취소

Text

1. The Defendant’s KRW 844,853,950 for the Plaintiff and KRW 5% per annum from February 14, 2012 to August 22, 2013.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Urban development project (hereinafter referred to as the "multifunctional administrative city construction project") - Public notice: Defendant on May 24, 2005, Article 2005-123 of the Ministry of Construction and Transportation public notice on October 13, 2006, Article 2006-418 of the Ministry of Construction and Transportation public notice on October 13, 2006;

(b) The Central Land Tribunal’s ruling of expropriation on January 13, 2012 - Subject to expropriation: In all the obstacles to the description in the type, structure, and specification column of the items subject to compensation attached to the attached Form 636 on the ground of the 636th of the monthly Dosan-ri (hereinafter “in the case of obstacles”), poly trees and 1 landscaping - Compensation amount: The corresponding amount in the column for the amount of the adjudication on expropriation in the attached Form of compensation [the actual expropriation compensation amount shall be KRW 2,793,683,683,00 (the actual expropriation compensation amount shall be KRW 2,782,328,000 (the obstacles in the case of this case and KRW 11,35,000), or in the case of the Plaintiff, the compensation amount of the above trees and landscaping shall not be disputed, and thereafter, the starting date of expropriation shall be limited to the compensation amount of the obstacles in the case of the instant case: the Central Appraisal Corporation and the Korea Appraisal Corporation.

(c) The Central Land Tribunal’s ruling on March 16, 2012 - Details of the ruling: Determination of compensation as stated in the column for the amount of compensation in attached Form 1: An appraisal corporation: The State’s appraisal corporation and the Korea Land Appraisal and Appraisal and Appraisal and Assessment Board (hereinafter “Appraisal and Appraisal Board”) together with the appraisal and Assessment Board (hereinafter “Expropriation and Appraisal Board”) (based on recognition”) / (where there is no dispute over the result of appraisal, evidence Nos. 3-1, 6, evidence Nos. 3-1, 12, and 14 (including a serial number; hereinafter the same shall apply), each entry in the evidence Nos. 3-1, 6, and 12, and 14

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The appraisal of the decision regarding the period of suspension of business is calculated by considering the period of suspension of business before the place of business as three months, but the Plaintiff’s business facilities are produced by the board of vision, the dysium, and the dysium.