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(영문) 수원지방법원 2016.03.30 2015구합61840

손실보상금

Text

1. The Defendant: (a) KRW 1,581,00 for Plaintiff A; (b) KRW 8,219,160 for Plaintiff B; and (c) for each of the said money, from October 15, 2014 to April 2016.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Industrial complex development project development project (C Development Project (hereinafter referred to as the “instant project”) - Defendant: No. 2009-953, Dec. 19, 2013, Ministry of Land, Transport and Maritime Affairs Notice No. 2013-822, Sept. 30, 2009

(b) The Central Land Expropriation Committee’s ruling on expropriation on August 21, 2014 - Subject to expropriation: 3,091 square meters of D forest in Nam-gu, Nam-gu, Sinpo-si, Plaintiff B, and 36,803 square meters of forest land E owned by the Plaintiff, and 61,974 square meters of F forest land (hereinafter “each of the instant lands”): Compensation for losses: Plaintiff A28,036,850, Plaintiff B209, 37,800 won - The date of commencement of expropriation: An appraisal corporation and G Appraisal Board on October 14, 2014;

C. Determination by the Central Land Tribunal on January 22, 2015 – Compensation for losses: Plaintiffs A28,414,100 won, Plaintiff B212,09,390 won - An appraisal corporation: A new appraisal corporation in the future of a stock company, Radan appraisal corporation (hereinafter referred to as “appraisal”) and Radan appraisal corporation (hereinafter referred to as “adjudication appraisal”) [based on recognition] The fact that there is no dispute over the basis of recognition], Gap’s evidence 1, 2, and Eul’s evidence 1 through 3 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The illegal land of this case as of the officially announced land price does not fall under the case where the price changes due to the announcement or public announcement of the plan or implementation of the public works project. Thus, not Article 70(5) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, but Article 70(4) of the same Act should be calculated based on the publicly announced land price as of January 1, 2009, which is the most adjacent to the publicly announced land price as of January 1, 2009. However, an appraiser H (hereinafter “court appraiser”) entrusted with an appraisal by the court, and the result of the appraisal is referred to as “court appraisal” is limited to permission for development activities for the State-State industrial complex pursuant to Article 70(5).