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(영문) 전주지방법원 2019.05.15 2018구합1296

수용보상금증액 청구

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1. The Defendant’s KRW 745,300 as well as the annual rate of KRW 5% from November 21, 2017 to April 5, 2018 to the Plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Project approval and announcement 1) Project name: Road project (B; hereinafter “instant project”);

[2] Project implementer: A public announcement of project approval by the Dosan Regional Land Management Office of Korea on January 14, 2009; C public notification by the Dosan Regional Land Management Office of Korea on June 29, 2016; D public notification by the Dosan Regional Land Management Office of Korea on June 29, 2016.

B. Land subject to expropriation by the Central Land Tribunal on October 19, 2017: Land specified in the attached Table (hereinafter “land subject to expropriation of this case”)

) The land listed in the [Attachment 8] No. 8 and the obstacles on the ground of E in the case of Kim Jong-do (hereinafter “instant obstacles”).

(2) Compensation for losses on November 20, 2017: 569,902,50 won for the instant land, and compensation for the instant obstacles, totaling KRW 4,60,000 for the instant obstacles, KRW 574,50,500.

C. On March 9, 2018, the Central Land Expropriation Committee (hereinafter “Central Land Expropriation Committee”) filed an objection against the said adjudication on expropriation, claiming that the compensation for the land and obstacles in the instant case be increased to a level consistent with the actual market price. (ii) On April 26, 2018, the Central Land Expropriation Committee filed an objection against the said adjudication on expropriation, claiming that the compensation for the land and obstacles in the instant case be increased to a level consistent with the actual market price. (iii) On April 26, 2018, the Central Land Expropriation Committee filed an objection against the said adjudication on expropriation of KRW 583,367,100, totaling KRW 4,400,000, totaling KRW 587,767,100, totaling the compensation for the obstacles in the instant case’s expropriation of KRW 13,264,60,

As a result of the appraiser F’s appraisal, the amount of compensation for the land of this case as of the date of the adjudication of expropriation is 584,112,400 won.

(hereinafter referred to as “court appraisal”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 through 8, the result of the appraiser F’s appraisal, the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s objection to the instant land cannot be deemed a justifiable amount of compensation. Therefore, the Plaintiff’s additional amount of compensation corresponding to the difference between a legitimate amount of compensation due to the court’s appraisal and the amount of compensation for the said adjudication is sought.

B. Determination 1: Land expropriation compensation.