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(영문) 수원지방법원 2021.01.14 2020구합61011

손실보상금

Text

The defendant's KRW 18,968,950 for plaintiff A and its related costs from February 17, 2020, and KRW 29,287,650 for plaintiff B and this.

Reasons

1. Details, etc. of ruling;

(a) Business Recognition and Public Notice - Road Construction Works (hereinafter “instant project”) executed by the Defendant - Public Notice D in Gyeonggi-do on September 29, 2017

B. As to the 1,044m2, which is the remaining land of the Plaintiff A, the content of the judgment with respect to the Plaintiff, is not disputed in this case, it shall not be considered separately.

There is no dispute over the remaining claim for expropriation of a building on the ground in this case, so it is not a separate examination.

1) The adjudication on expropriation on May 9, 2019 by the Central Land Expropriation Committee - The remaining land: E-lution 77 square meters (hereinafter “E”) in Namyang-si, Namyang-si, and 539 square meters prior to F (hereinafter “F land”) - The Central Land Expropriation Committee dismissed an application for adjudication of compensation for losses on the ground that there is no loss of remaining land price decline (hereinafter “F land”) - The adjudication on December 19, 2019 - There is a loss due to a decrease in the remaining land price only for E land.

Therefore, the amount of compensation for the loss is set at KRW 6,163,850, and the F land shall be dismissed.

C. As to the compensation for losses caused by the decline in land prices remaining after the content of the judgment with respect to Plaintiff B, it is not a separate discussion because there is no dispute in this case.

In this case, J large-scale 45 square meters, which is a land subject to other expropriation, are not disputed, and thus, they cannot be tried separately.

1) The Central Land Expropriation Committee’s ruling on April 11, 2019 - The expropriation subject to expropriation: 2,145 square meters prior to G in Yangyang-si and H 28 square meters prior to H: The starting date of expropriation: June 5, 2019 - The Central Land Expropriation Committee’s ruling on November 21, 2019 - The Compensation amounting to KRW 74,218,000 (2) - The Compensation Amounting to KRW 700,346,250

D. The appraiser K’s appraisal results entrusted by this Court (hereinafter “court appraisal”) 1) with respect to the Plaintiff - E land; the remaining land amounting to 8,262,100 won - F land amounting to 8,262,100 won due to the decline in land prices; (1) although there was two sites prior to being transferred to the instant project, entry was lost due to the instant project, and there was a difference between the adjacent I land and the adjacent I land.