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(영문) 울산지방법원 2015.07.02 2014구합1837

손실보상금

Text

1. The Defendant’s KRW 5,431,670 as well as 5% per annum from July 16, 2014 to July 2, 2015 to the Plaintiff.

Reasons

1. Details of the adjudication on expropriation;

A. The parties concerned Plaintiff is the owner of land B, C, D, and E (hereinafter “each of the instant land”) in Ulsan-gu, Ulsan-gu, and land E among them is the owner of the instant land and obstacles thereto. The Defendant is the executor of an industrial complex development project for the F, G, H, and I won in Ulsan-gu, Ulsan-gu (hereinafter “instant project”).

B. On May 16, 2013, the instant project was publicly announced as the J of Ulsan Metropolitan City on the basis of Articles 16, 17, 7-4, and 19-2 of the Industrial Sites and Development Act. The name of the instant project is the K Industrial Complex Access (L) project, and the purpose of the instant project is to contribute to improving the distribution and transportation capacity of national industrial complexes and regional development by linking the entire section of the K Access Road (L).

C. During the process of negotiations on compensation for the land to be incorporated into the instant project pursuant to the above notice, the Defendant assessed the compensation for each of the instant land and obstacles at KRW 450,713,560 (land 423,29,060, 27,414,500), but the Plaintiff applied for adjudication to the Central Land Expropriation Committee without complying with the compensation consultation with the Defendant. 2) On June 15, 2014, the Central Land Expropriation Committee calculated the compensation for each of the instant land and obstacles at KRW 469,311,830 (land 441,212,830, 28, 289,000), and decided on July 15, 2014.

3) Accordingly, the Plaintiff reserved an objection on June 17, 2014 and received KRW 469,311,830 from the Defendant. Meanwhile, the Plaintiff’s result of the appraiser M in the instant court’s appraisal (hereinafter “the result of the instant court’s appraisal”).

“The unit price (cost) for the assessed value of the area of land category (land size) in the serial number number is as follows: 500,600 5,030,000 N2 in Ulsan-gu, Ulsan-gu, Seoul-do, 1,000 “Cand 78 532,90 41,566,200 “Dand 345 543,600 187,542,00 4 “E” 5931,500 50