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(영문) 수원지방법원 2019.10.17 2018구합785

토지사용에 대한 보상금증액

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1. The defendant shall pay 68,020 won to the plaintiff and 12% per annum from October 18, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On March 19, 2015, the Plaintiff received a donation of 2,828 square meters from Sungsung-si, the Plaintiff completed the registration of ownership transfer on March 23, 2015.

B. On April 18, 2016, the 1,830 square meters of the 2,828 square meters in the lusium C in the lusium was divided into the 1,830 square meters in the lusium C in the lusium and became the 998 square meters in the lusium.

C. The Defendant established an implementation plan to implement the “E business”, which is an electric source development business (hereinafter “instant business”), and obtained approval from the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy publicly announced the approval of the implementation plan of the instant business on April 25, 2016 by the Ministry of Trade, Industry and Energy.

The business area of the instant business includes 9,484 square meters in Griri-si, Gri-si, Gri-si (i.e., 440 square meters in a steel tower site) and 477 square meters in 9,044 square meters in the riverbed-si, Gri-si, 300 square meters, and 179 square meters in D 1,830 square meters (hereinafter referred to as “second part”), among the 998 square meters in the riverbed-si, Gri-si, and D 1,830 square meters in the river site.

C. On October 5, 2016, the land category of CY 998 square meters was changed to “large” on the following grounds: Provided, That the land category was changed to “large-scale.”

(hereinafter referred to as “C land”) d. Doz. of 998 square meters in Sungsung-si.

B. On July 4, 2017, H 998 square meters was divided from the 1,830 square meters of the D Seosung-si D, Seosung-si, and it became D 832 square meters of the D Seosung-si (hereinafter referred to as “D land”).

E. The Defendant had consulted with the Plaintiff to use the instant land but did not reach an agreement, and on September 7, 2017, the Central Land Tribunal (hereinafter “Central Land Tribunal”) rendered a ruling that “The Defendant used the instant land for the instant project, and the compensation for losses amounting to KRW 98,392,70 (= KRW 25,375,930 as to the portion No. 73,016,70 as to the portion No. 1). The starting date of use shall be October 31, 2017, and the period of use shall continue to continue to exist from the date of use (hereinafter “instant decision on use”).”

F. The Defendant, based on the instant ruling of use, aims at November 13, 2017, regarding C’s land.