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(영문) 대전지방법원 2020.07.02 2020구단100781

잔여지가치하락손실보상금

Text

1. The Defendant’s KRW 29,399,600 as well as 5% per annum from August 2, 2018 to July 2, 2020.

Reasons

1. Basic facts

(a) Project approval and public notice - Project name B (hereinafter “instant project”): B construction project - Public notice given by the Ministry of Land, Infrastructure and Transport as of February 22, 2016 - Project operator: Defendant

B. The Plaintiff owned the said two parcels of land, which were incorporated into the instant project district, D, Asan-si, and E, 2,579 square meters (hereinafter referred to as “registered land”), and the said incorporated land was registered in the name of the Republic of Korea (the Ministry of Land, Infrastructure and Transport) on January 13, 2017 due to the acquisition of land for public use.

C. In addition to the incorporated land, the Plaintiff also owns 1,068 square meters prior to ASEAN, 641 square meters prior to G, 1,051 square meters prior to H, 2,479 square meters prior to J, 270 square meters prior to K, and 304 square meters prior to K (hereinafter “the remaining land of this case”).

The alternative location of the incorporated land and the remaining land of this case shall be as follows:

FD E for inserting the picture.

D. On July 2018, the Plaintiff claimed compensation against the remaining land of this case by asserting that the price of the remaining land of this case was reduced due to the land incorporated into the Defendant on or around July 2018. However, the Defendant rejected the claim and did not reach an agreement on August 2, 2018. 2) Accordingly, the Plaintiff claimed that the price of the remaining land of this case was reduced due to the land incorporated into the Central Land Expropriation Committee, and filed an application for adjudication seeking compensation for losses therefrom. However, the Central Land Expropriation Committee dismissed the claim on the ground that the price of the remaining land of this case was not reduced due to the land incorporated into the Central Land Expropriation Committee on June 13, 201

(hereinafter referred to as “instant adjudication”) e.

According to the court's appraisal of the result of the request for appraisal by this court (hereinafter "court appraisal"), the loss of the remaining land of this case is the amount calculated by subtracting the value of the remaining land after incorporation into the public service implementation zone from the value of the remaining land before being transferred to the public service implementation zone, and the location, area, shape, land tax, utilization status, specific use area, distance of the remaining land from the main land.