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(영문) 전주지방법원 2017.05.11 2016구합1346

보상금처분취소

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: River project (C Corporation) - Project operator: The head of the next Regional Construction and Management Administration - Public announcement: D public announcement made on November 21, 2013;

B. The Central Land Expropriation Committee’s ruling on expropriation on January 22, 2015 - The target of expropriation is as indicated in the list of the E-gun, the Jeonbuk-gun, the Plaintiff owned (hereinafter “land subject to expropriation of this case”) and the list of real rights and articles attached to the above ground obstacles.

- - Compensation for losses on March 17, 2015 - Compensation for losses: Land: 8,534,400 won, obstacles 15,702,500 won - An appraisal corporation: a national appraisal corporation, a stock company, or a stock appraisal corporation;

C. Meanwhile, the Plaintiff owned 747 square meters in Jeonbuk-gun, Jeonbuk-gun, B (hereinafter “instant land before the instant partition”). However, due to the instant project, the said land was divided into the instant land subject to expropriation and the 493 square meters in Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant remaining land”).

On April 21, 2016, the Central Land Tribunal filed an objection with the purport that “the Central Land Tribunal has cancelled the determination of KRW 24,236,900 of the compensation adjudicated as of January 25, 2015 against the Plaintiff,” and that “the entire expropriation of real estate that is compensated as of KRW 300,000,000,” and the Central Land Tribunal rejected the objection on April 21, 2016 on the ground that the Plaintiff’s application for the remaining expropriation cannot be made against the matters for which the adjudication of expropriation was not made, and the remaining objection was dismissed on the ground that the amount of compensation for the land to be expropriated and the goods on the ground thereof was reasonable.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 8-4, Gap evidence 11-1, 2, Eul evidence 1-2, Eul evidence 1, 3, 5, and the purport of the whole pleadings

2. Relevant statutes and relevant legal principles

(a) as shown in the Attachment of the relevant statutes;

B. For relevant legal principles and public works.