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(영문) 의정부지방법원 2016.11.29 2015구합8522

잔여지가치하락 손실보상금

Text

1. The defendant

(a) KRW 4,465,00 for Plaintiff A and 5% per annum from July 18, 2012 to August 12, 2016; and

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business Name: C Road Expansion and Packing Corporation (hereinafter referred to as the “instant project”): The public notice: The defendant: D public notice of Gyeonggi-do on January 10, 2005, Gyeonggi-do on April 6, 2009. Gyeonggi-do public notice E on April 6, 2009 - The Gyeonggi-do public notice of September 16, 2010.

B. In the case of Pakistan owned by the Plaintiff, G 1717 square meters, H 210 square meters, I 2078 square meters, J 443 square meters were incorporated into the instant business area. The Defendant completed the registration of the transfer of ownership on February 15, 2006 and July 17, 2012 after the Plaintiff acquired each of the above land from the Plaintiff on February 14, 2006 and July 13, 2012.

In addition, as K 31m2, L 438m2, M 606m2, which is owned by the Plaintiff, is incorporated into the instant business area, the Defendant acquired each of the above lands from the Plaintiff B on November 25, 2005, and completed the registration of ownership transfer on November 28, 2005.

(hereinafter the foregoing incorporated land (hereinafter referred to as “each incorporated land in the instant case”). As a result, the N field No. A owned by the Plaintiff 498 square meters, O field No. 395 square meters, P field No. 890 square meters, Q field No. 1499 square meters, R field No. 606 square meters remaining as remaining land.

(2) On July 13, 2012 ( July 17, 2012), Plaintiff A H 2,9162,078 on February 14, 2006, respectively, shall be deemed to be “each remaining land of this case” and, when each land is separately named, Plaintiff B 433,75,717, on July 13, 2012, as of February 13, 2015, when each land is incorporated into the entire land as of the date of acquisition through consultation with the parcel number (the date before the date of registration) and as of February 14, 2006 (the date of February 15, 2006), Plaintiff A H 2,9162,078, as of February 14, 2006 (the date of February 15, 2006). < Amended by Presidential Decree No. 23743, Jul. 13, 2012>

The Plaintiffs requested the Defendant to hold a consultation on compensation for damages due to a decrease in the prices of each remaining land of this case, but they failed to reach an agreement, thereby filing an application for adjudication with the Central Land Expropriation Committee for compensation for damages due to a decrease in prices

On April 23, 2015, the Central Land Tribunal has dismissed each application for adjudication against Plaintiff B on April 23, 2015, and on May 21, 2015.