수용과 수용가격 현실화 청구
1. Of the instant lawsuit, the part of the claim for accommodation of the B-269 square meters prior to Gwangju City shall be dismissed.
2. The defendant shall pay 1,041,600 won to the plaintiff.
1. Circumstances and results of appraisal of the ruling;
(a) Project approval and public notice - Project name: C Corporation - Public notice: October 21, 2013, the Gyeonggi-do public notice D, and the Gyeonggi-do public notice E on January 6, 2014 - Project operator: Defendant;
B. The Central Land Expropriation Committee’s respective rulings on expropriation on May 22, 2014 and October 23, 2014 - The area subject to expropriation: 224 square meters, which are part of B 493 square meters (hereinafter “instant land”) prior to the Seoul Special Metropolitan City, Gwangju Special Metropolitan City’s subdivision owned by the Plaintiff (hereinafter “instant land”): The starting date of expropriation: July 15, 2014 - Compensation: 37,004,800 won for the instant expropriated land - the portion not expropriated among the instant land, and 269 square meters for the remaining land (hereinafter “instant remaining land”).
(c) The Central Land Tribunal’s ruling on October 23, 2014 - Compensation for losses: Increase in KRW 38,158,400 to KRW 38,158,400;
D. Results of the appraisal commission to appraiser G of this Court (hereinafter “court appraisal”): The appraiser selected 1,326 square meters prior to H in Gwangju as a standard for comparison of the instant expropriated land: (a) based on the timing adjustment and regional factors, individual factors, and other factors, the amount of compensation for the said expropriated land was assessed as KRW 39,200,000, following comparison of time adjustment and regional factors, individual factors, and other factors.
[Ground of recognition] A without dispute, Gap evidence 12, 16, Eul evidence 4, and 5, each of the evidence Nos. 5, the result of the appraisal commission to appraiser G of this court, the purport of the whole pleadings
2. Summary of the Plaintiff’s cause of claim
A. Since the remaining land of this case is narrow and its form is irregular, farming became considerably difficult as a result of the impossibility of turning the remaining land of this case.
Therefore, pursuant to Article 74 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Defendant expropriates the remaining land of this case, and pays the Plaintiff KRW 47,075,00 for compensation for the remaining land.