beta
(영문) 서울행정법원 2017.01.19 2016구합70789

손실보상금 감액 청구

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) Business name - Business name: Hanam-si Urban Development Project (one district urban development zone for a project pending in the subordinate area) (hereinafter “instant project”): The project site - the project site of KRW 155,713 square meters per day, 401, 401, 155,713 square meters per day, Hanam-si: The plaintiff - the project operator who publicly announced the Gyeonggi-do public notification on December 31, 2012, No. 2012-457, and Jan. 9, 2015, No. 2015-3.

(b) The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on May 26, 2015 - The date of expropriation: The date of expropriation: each land listed in the attached Table 1 attached to the Defendant’s ownership (hereinafter “instant land”): Compensation: A total of KRW 51,245,204,900 as indicated in the “amount” in the attached Table 1 list; An appraisal corporation shall be calculated as KRW 51,245,204,90 as indicated in the “amount” in the attached Table 1 list 1 - An appraisal corporation: two appraisal corporations and a stock company;

C. The Central Land Tribunal’s ruling on June 23, 2016 - Compensation for an objection: The amount of KRW 86,207,320,400 in the attached Table 1 list shall be calculated as a total as indicated in the “adjudication on Objection against Land: Provided, That the appraisal corporation shall be a stock company, a joint appraisal corporation, a joint appraisal corporation, or a joint appraisal corporation (hereinafter referred to as the “appraisal on objection”): The fact that there is no dispute over the said appraisal [based on recognition]; the entries in the attached Table 1, 2, 7 through 10, and 16 through 19 (including each number), and the purport of the entire pleadings;

2. The assertion and judgment

A. Although the Plaintiff alleged that the instant land was used as a site for ready-mixed and asphalt production facilities, and the land category of the said land was changed to “factory site”, the use of the said facilities and alteration of the form and quality of the said land has been set time limit, and after the said time limit, the part that changed to the form and quality of the said facilities and land was restored to its original state, and if the instant land and the facilities were restored to its original state after the said time limit, the instant land

Therefore, the land used as land for a factory is merely a temporary condition of use.