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(영문) 인천지방법원 2015.12.11 2014구합31494

손실보상금

Text

1. The Defendant’s KRW 14,632,00 for the Plaintiff and the following: 5% per annum from August 13, 2013 to December 11, 2015.

Reasons

1. Details of ruling;

(a) Project approval and publication name: A project approval and publication of B project (hereinafter referred to as “instant project”): Defendant on August 3, 2012;

B. Compensation subject to expropriation decision made on July 12, 2013 by the Incheon Metropolitan City Regional Land Expropriation Committee (hereinafter “instant land”): The commencement date of expropriation of KRW 141,211,200: August 12, 2013.

The Central Land Tribunal’s ruling on June 19, 2014 changed the Plaintiff’s compensation for losses for the instant land to KRW 143,393,600 (13,530,000, such as construction design expenses revoked due to public works, included in compensation and the Plaintiff’s total compensation for losses became KRW 156,923,600) [based on recognition] without dispute, entry in Gap’s evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The land category on the public register of the Plaintiff’s assertion was “in reply,” but the actual use was “former,” at the time of the adjudication of expropriation, and the land was filled up with permission to engage in development activities for the land of this case. The adjudication of expropriation of this case and the adjudication of objection are unfair by evaluating the land use status as “in response”.

Therefore, the appraisal amount according to the appraisal result of this court appraiser E and the compensation amount according to the objection ruling, which was conducted by evaluating the utilization status of the land of this case as "the preceding", and seek for the payment of 14,632,000 won and damages for delay.

3. Determination

A. Article 70(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that the amount of compensation for land shall be calculated by taking into account the real situation at the time of the price and the objective situation by the general method of use, but it shall not be considered in cases where it is premised on temporary use, subjective value of landowners or persons concerned, and the use for special purposes.

On the other hand, land is subject to expropriation.