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(영문) 울산지방법원 2015.01.22 2014구합1929

토지수용 보상금증액 등

Text

1. The Defendant’s KRW 69,58,00 for the Plaintiff and the following: 5% per annum from December 11, 2013 to January 22, 2015.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Urban planning facility project (former B Parking Lot Installation Work (former B Parking Lot Installation Work) (hereinafter referred to as the “instant project”): Defendant

B. The adjudication of expropriation on October 16, 2013 by the local land expropriation committee of Ulsan Metropolitan City (hereinafter “instant adjudication of expropriation”): The area subject to expropriation: 612 square meters in Ulsan-gu D Miscellaneous land, E 18 square meters in size (hereinafter “D land,” “E land,” and “each of the instant lands” in total): Compensation for losses: D land 1,407,538,800, E land 40,570,200 - The date of expropriation: December 10, 2013.

The Central Land Tribunal’s ruling on objection on July 17, 2014 (hereinafter “the instant ruling”): Compensation for losses: D land 1,415,06,400 won, E land 40,791,600 won [based on recognition]; Gap evidence 3; Eul evidence 1, 4, and 5 evidence; and the purport of the entire pleadings

2. The assertion and judgment

A. In calculating other factors in the process of assessing each of the instant lands, the Plaintiff’s assertion of the instant objection, even though the Plaintiff selected a sale example, which is superior to each of the instant lands, calculated compensation for losses for each of the instant lands at a price considerably lower than the market price of transactions of similar similar lands. This is not a legitimate compensation. Thus, the Defendant is obliged to additionally pay to the Plaintiff KRW 500 million, which is the difference between the reasonable compensation amount of each of the instant lands and the compensation amount for losses as determined by the instant ruling.

B. In fact, each of the instant lands is located near the West-gu, Ulsan-gu, in the location of location and the vicinity of each of the instant lands, and is formed around the route, street zone, conventional market, etc.

B) The access of vehicles to each land of this case is free from access to roads and traffic conditions, and all traffic conditions are good. C) form and status of use.