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(영문) 인천지방법원 2017.05.19 2016구합52839

손실보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

A. On August 3, 2015, the Defendant established an implementation plan for the Maintenance and Improvement Project for the Incheon Cheongjin-gun, Incheon, and publicly announced the said implementation plan as D public announcement on October 6, 2015, respectively.

B. By February 24, 2016, the Defendant had reached an agreement on compensation (hereinafter “instant compensation agreement”) with the Plaintiff on the 5,620 square meters of rivers E-gun, Incheon Spojin-gun, Incheon (hereinafter “instant land”) owned by the Plaintiff, but the agreement on compensation was displayed.

C. On May 11, 2016, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation (hereinafter “instant ruling of expropriation”) on the subject of expropriation of the instant land as follows.

- The date of commencement of expropriation: - Compensation for losses on June 30, 2016: 285,377,500 won (based on recognition)

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion was expropriated for river use as a result of the implementation of the river rearrangement project, which is a public project in around 1937, and was used as “the answer,” not as a river, but as “the answer,” but as a result, no compensation for expropriation was paid.

Therefore, Article 25(1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects [the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects] (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects [the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects] (1) of the land acquired through consultation or adjudication shall be compensated on the basis of the officially announced value under the Act on the Public Announcement of Real Estate Values; however, the land use plan for the land from the basic date to the price based on the relevant statutes and the land price due to the relevant public works