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(영문) 수원지방법원 2014.01.08 2012구합6798

손실보상금

Text

1. The Defendant’s KRW 52,818,150 as well as the Plaintiff’s annual rate of 5% from March 8, 2012 to July 17, 2013.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Urban planning facility project (five routes, including B; hereinafter “instant project”): Public notice of project approval - Project approval C on October 8, 2010 - Project operator: Defendant

B. The Central Land Tribunal’s ruling of expropriation on January 13, 2012 (hereinafter “adjudication of expropriation”): D & 479 square meters in Suwon-si, Suwon-si, the Plaintiff owned (hereinafter “instant incorporated land”): 481,802,150 won - The date of commencement of expropriation: March 7, 2012.

Meanwhile, the land to be incorporated in the instant case, which was expropriated, was divided to be expropriated in the area of 1,007 square meters in Suwon-si, Suwon-si, Suwon-si (hereinafter “Before subdivision”). As a result of the said expropriation, the land was divided into the area of 190 square meters (hereinafter “1 remaining land”) and the area of 338 square meters in F large scale (hereinafter “2 remaining land”) and the area of 338 square meters in total (hereinafter “1 and 2 remaining land”).

C. The Central Land Tribunal’s ruling on an objection (hereinafter “adjudication”) dated April 27, 2012 - Dismissal of a claim for compensation following the decline in the value of each remaining land of this case: - Compensation for the incorporated land of this case: increased to KRW 493,058,650: An appraisal corporation: An appraisal corporation and a future appraisal corporation (hereinafter collectively referred to as “adjudication appraiser”), both appraisal corporations and a new appraisal corporation (hereinafter collectively referred to as “adjudication”) that take an arithmetic mean of the results of the appraisal (hereinafter referred to as “appraisal”).

C. As to the incorporated land in this case and each remaining land, the result of an appraisal and a request for the supplementation of the appraiser G in this Court (hereinafter “court appraiser G”) - The result of the appraisal is 506,494,600 won: the compensation for losses for the incorporated land in this case - the compensation for losses for the decline in the value of each remaining land in this case: 39,382,200 won (which is the ground for recognition): the fact that there is no dispute as to the 39,382,20 won (which is the ground for recognition); the evidence Nos. 1, 2, 3-1, 4-1, 4, 1, 2-1, 2-1, and 2-1, 2-1, and 2-1, and 2-1, respectively; the appraisal