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(영문) 부산지방법원 2017.10.19 2016구합22873

손실보상금

Text

1. The Defendant: (a) KRW 87,222,869; (b) KRW 34,889,151 to Plaintiff A; and (c) KRW 34,889,151 to each of the said money, from April 27, 2017 to April 2017.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: C - The public notice of the designation of a waterfront: D-Project operator announced by the Ministry of Land, Transport and Maritime Affairs on December 14, 2012; the defendant;

B. The Central Land Tribunal’s ruling on expropriation by May 26, 2016 - Land subject to expropriation by the Central Land Tribunal: Attached Table 1 of the Plaintiffs’ sharing of land (hereinafter “instant land”) and each of the sequences listed is “1 and 2 land.”

- Compensation for losses: as stated in the column for the amount of adjudication of expropriation in the Schedule No. 1; - The date of commencement of expropriation: July 19, 2016 (based on recognition): Facts that no dispute exists, Gap's 1, 2, 3 evidence, Eul's 1, 2, and 3 evidence (including the provisional number, and the purport of the whole pleadings)

2. The assertion and judgment

A. In the plaintiffs' assertion acceptance ruling, the land of this case was assessed as the answer, but buildings on the land of this case were existing before January 24, 1989, and the land should be assessed as the site which is the present situation.

Therefore, the reasonable compensation should be calculated according to the result of the court appraisal that evaluated the land of this case as the site, so the defendant should pay the difference between the reasonable compensation and the amount of the adjudication on expropriation to the plaintiffs

(b) The details of the relevant statutes are as shown in Appendix 2.

C. (1) Determination is based on the principle of current status assessment and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the burden of proof of the site for an unauthorized building (hereinafter “Land Compensation Act”).

Article 70(2) provides that the amount of compensation for land shall be calculated by taking into account the actual conditions of use at the time of the price and the objective conditions of use at the time of the price, but the case under the premise that the land owner or person concerned should use it for a temporary use, subjective value and special purpose. Article 24 of the Enforcement Rule of the Land Compensation Act delegated by the Ordinance of the Ministry of Land, Transport and Maritime Affairs under Article 70(6) provides that the detailed amount of compensation shall be calculated and the method of appraisal shall be determined.