토지수용재결처분취소 등
1. The defendant shall pay 240,800 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit: 9.0
1. Details of ruling;
(a) Business title - Business name: Rural Road Maintenance Project (B) - Public Notice: February 6, 2015 - Project operator C announced in the following cities: Defendant;
B. Adjudication on expropriation made on November 25, 2015 - Persons subject to expropriation made on November 25, 2015: 112 square meters (hereinafter “instant land”) before Ysan-si owned by the Plaintiff - Compensation for expropriation: 3,158,400 won (28,200 square meters) (hereinafter “instant land”):
C. The Central Land Tribunal’s ruling on objection on March 24, 2016 - Compensation for expropriation: KRW 3,264,800 (29,150 square meters) - The said written ruling on objection was sent to the Plaintiff on March 30, 2016.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is as follows: (a) around October 21, 2009, the price of KRW 60,600 per square meter, E, 348 square meters in the vicinity of the instant land, and F, 408 square meters in the farmland around October 21, 2009; (b) although the instant land and the officially announced land price are almost similar, the lower court erred by excessively lowering the amount of compensation for the instant land; (c) so, the Defendant shall pay the Plaintiff KRW 60,60 in the amount calculated on a unit price of KRW 687,200, which is the reasonable amount of compensation for the instant land, and KRW 3,522,400, the difference between the amount of compensation for the instant land deposited with KRW 3,264,800, which is the amount of compensation for the instant land.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In full view of the purport of the argument as a result of appraisal by 1 appraiser G, the land use status of the instant land is used as “former” as its land category, and the main special-purpose area is a natural green area. ② The land category in the public account book is “large” and the current utilization status is used as the site of unregistered detached houses, and the purchase price includes the price of unregistered detached houses, and thus, it can be acknowledged that the purchase price is not pure land price.