beta
(영문) 서울고등법원 2014.10.31 2013누11637

토지수용보상금증액

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Details of ruling;

A. On June 12, 2007, the Minister of Construction and Transportation announced the hearing of opinions of the residents for the designation of a housing site development area. On December 20, 2007, the Minister announced the designation and announcement of the above housing site development area and the designation of the Defendants as the implementer of the housing site development project. On July 11, 2008, the Minister approved and announced the housing site development plan prepared by the Defendants.

B. The forest land was incorporated into the said area for housing site development, 61 m3,00 m3,000 m3,000 m3,000 m3,000 m3,000 m324 m3,000 m3,000 m3,000 m3,000 m3,000 m3249 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,00,000 m3,00 m3,00 m3,0

The instant forest is a pure natural forest located in the outer range of the golf course, which is part of the golf course site of Hanwon, adjacent to the courses two North Korea.

C. On March 18, 2010, the Central Land Tribunal rendered a ruling on May 11, 2010 on the compensation for the expropriation of the instant forest, including KRW 1,509,414,420, and the commencement date of expropriation.

An appraisal corporation, which is an appraiser for adjudication, the Japanese Appraisal Board, and the Sam Chang Chang Corporation appraisal corporation, the specific use area of the forest of this case was assessed on the basis of the officially announced value as of January 1, 2008, on the basis of the comparative standard for the development plan for the housing site on the ground that the specific use area of the forest of this case does not have any influence on the price formation due to undermining the area of the agricultural and forest area, the management area, or the management area of the forest of this case, and on the basis of the officially announced value as of January 1, 2008.

The appraiser C in the first instance court shall be as follows: (1) The specific use area of the forest of this case shall be deemed as an agricultural and forest area; and (2) the forest of this case shall be deemed as having been compared with the forest of 4668 square meters in the forest of this case as a management area; and (3) the forest of this case shall be deemed as having been compared with the forest of 1,629,973,200 won (468 square meters x 32,700 square meters x 62,80 won) based on the officially announced land price as of January 1, 2008; and (2) the entire forest of this case.