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(영문) 대구지방법원 2014.07.11 2013구합3155

수용보상금 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. Business Approval and Public Notice - B Construction Project (hereinafter “instant Project”) - D Public Notice of the Gu and Si on August 10, 2009, and Gu and Si on September 17, 2012 - Project Operator: Defendant

B. Adjudication on expropriation on December 14, 2012 (hereinafter “adjudication on expropriation”): The object of expropriation owned by the Plaintiff (hereinafter “instant land”) < Amended by Presidential Decree No. 2328, Dec. 14, 2012; Presidential Decree No. 24200, Feb. 1, 2013; Presidential Decree No. 23584, Feb. 1, 2013; Presidential Decree No. 24420, Feb. 1, 2013; Presidential Decree No. 2420, Feb. 1, 2013>

C. The Central Land Tribunal’s ruling on objection on October 24, 2013 (hereinafter “the ruling”) - Contents of the ruling: (1) increase the compensation for expropriation to KRW 9,172,400 [the KRW 15,00 per square meter of the instant land 9,017,400 [the KRW 644,100 per square meter of the instant land]; (2) rejection of the Plaintiff’s assertion for expropriation of remaining land and the change of the project zone (excluding expropriation, additional installation of roads, etc.]; - The Central Appraisal Corporation: Central Appraisal Corporation; Future Appraisal Corporation (hereinafter “Objection Ruling”) - lack of dispute as to the ground for recognition - Party A’s entries in the evidence Nos. 1, 2, and 6, and Eul’s evidence Nos. 1 through 3 (including each number); and the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. The Plaintiff’s assertion is unreasonable as the amount of compensation for expropriation based on the appraisal of the instant land and obstacles is not assessed properly for the following reasons. As such, the Defendant is obligated to pay to the Plaintiff totaling KRW 12,127,068 [2,08 won [11,972,086 won (85,149 won x 14m2) of the instant land] as compensation for expropriation of the instant land and obstacles [15,000 won for the instant obstacles] and damages for delay.

① This case.