손실보상금증액
1. The plaintiff's claim is dismissed.
2. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.
1. Details of ruling;
(a) Details of the public works - The name of the project: the road project (the project in this case shall be referred to as the "project") - The project operator: the defendant - the project operator shall be subject to the public notice of the Ministry of Land, Transport and Maritime Affairs No. 2012-68, Feb. 23, 2012
B. The Central Land Tribunal’s ruling of expropriation on November 21, 2013 (hereinafter “instant ruling”): The subject of compensation: The Seocho-gu Seoul Metropolitan Government 8-6m2, the same 8-7m2, the same 4m2, and the same 10-36m2 and the same 392m2m2 (hereinafter “instant land” in total, and the same 28,704,000 won - the date of expropriation: 28,704,000 won - The date of expropriation: The certified land appraisal corporation and the certified land appraisal corporation (based on recognition), one appraisal corporation (based on evidence No. 1, No. 1, No. 1, and No. 1, No. 1, and the purport of the entire pleadings and arguments.
2. The assertion and judgment
A. The gist of the parties’ assertion argues that the compensation for losses set forth in the instant judgment is too underassessment because it did not properly reflect all the factors, such as the quantity and size of the trees of this case subject to compensation for losses, and thus does not reach a reasonable amount of compensation. Therefore, the Defendant should additionally pay the Plaintiff the compensation for losses as stated in the purport
In this regard, the defendant asserts that the need for transplantation of trees of this case has ceased to exist as the road zone of the project of this case changed and the need for expropriation of all of the land of this case. Thus, the plaintiff is not liable to pay compensation for losses for trees of this
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Article 24 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor becomes unnecessary to expropriate or use all or part of the land, etc. due to the alteration of the project after the public announcement of the project has been made.