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(영문) 청주지방법원 2016.10.20 2015구합10051

수용재결취소등

Text

1. The Defendant’s KRW 120,945,60 for the Plaintiff and KRW 5% per annum from January 17, 2015 to October 20, 2016.

Reasons

1. Basic facts

(a) Business approval and public announcement - Business name - Business name 3 industrial complex development project (former industrial complex development project; hereinafter “instant project”): Public announcement of the designation of the industrial complex: May 25, 2012 public announcement No. 2012-117 (hereinafter “Industrial Sites Act”) (hereinafter “Industrial Sites Act”).

- Pursuant to Article 22(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects - Project operator is deemed to have a public announcement of project approval pursuant to the Act on Acquisition of

(b) Adjudication on expropriation made on November 18, 2014 by the Chungcheongbuk-do Regional Land Expropriation Committee (hereinafter referred to as “instant land”): - The adjudication on expropriation made on November 18, 2014 - The Seoul Special Metropolitan City Land Expropriation Committee (hereinafter referred to as “the instant land”) - The date of commencement of expropriation: January 16, 2015 - Compensation: 1,524,418,500 won: the Seoul Special Metropolitan City Land Expropriation Committee, the Pacific Land Appraisal Corporation, the Pacific Land Appraisal Corporation.

C. 1) The result of the court appraisal conducted on November 13, 2015 by the appraiser A of this Court (hereinafter “the first court appraisal”).

- The appraised Value: 1,645,364,100 won (based on the premise that the use of the land in this case is forest land) 2) The appraised Value as a result of appraiser A’s appraisal on July 29, 2016: KRW 1,696,91,870 [the land in this case] under the premise that the use status of the portion of the public works as of May 21, 2012 (see evidence 10-1) is land for a factory; hereinafter “the second court appraisal”).

[B] Appraisal Value: 2,026,373,040 won [the ground for recognition] of the use status of the portion of the public works as of September 7, 2012 (see evidence No. 10-2 of the instant land) is the land for a factory; hereinafter “third court appraisal”] (the ground for recognition] of the absence of dispute; Gap evidence Nos. 1 and 3; Eul evidence Nos. 1 and 10 (including number); the result of the appraiser’s appraisal entrustment to the Intellectual Technology Association of the instant court; the result of the appraiser’s appraisal entrustment to the Intellectual Technology Association of the instant court; the result of the appraiser A’s appraisal entrustment to and inquiry into the appraiser A; the purport of the entire pleadings;

2. The argument and judgment.