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(영문) 수원지방법원 2014.06.11 2011구합8094

토지보상금증액

Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant shall grant the plaintiff A 113,929,040 won, the plaintiff B, C, D, E, and F respectively.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business Name: G development project (H) - Public notice: Defendant on October 14, 2008, the Ministry of Land, Transport and Maritime Affairs notice I, J on October 1, 2009, K public notice by the Ministry of Land, Transport and Maritime Affairs on May 7, 2010

B. The Central Land Tribunal’s adjudication of expropriation on May 13, 201 (hereinafter “instant adjudication”): The land indicated in the column for “land to be expropriated” in the respective compensation details in attached Forms 1 and 2 (hereinafter referred to as “land to be expropriated” in the attached Forms 1 and 2 (hereinafter referred to as “each of the instant lands”) shall be deemed “land” according to the sequence; when the said land is collectively named, “compensation for expropriation” shall be deemed as indicated in the column for “adjudication for expropriation” among the compensation details in attached Forms 1 and 2, and this is calculated based on the arithmetic mean of each of the appraisal results at the time of the instant adjudication (hereinafter “adjudication”).

- An appraisal corporation: - An appraisal corporation on July 6, 2011 - An appraisal corporation: a dialogue appraisal corporation, a Sam Chang Chang-chul appraisal corporation (hereinafter referred to as “adjudication appraiser”) / [based on recognition] without dispute, Gap evidence 1, Eul evidence 2 (including paper numbers), and the purport of the whole pleadings.

2. Judgment as to the main claim

A. Of each of the instant lands belonging to H community district, land released from development-restricted zones on June 23, 2006 among the instant lands that belong to the Plaintiffs’ claim, it is apparent that the land was changed to Class I general residential area before June 26, 2006 without being designated as a housing site development-restricted zone on or before June 26, 2006. Therefore, in order to calculate reasonable compensation, the above land is assessed to be a Class I general residential area, not to be assessed as a standard for a natural green area which is a special-purpose area at the time of the designation of a housing site development-restricted zone, such as the appraisal of adjudication, but to be modified.

B. Attached Form of relevant statutes

3. The description; and

C. Each land of this case in fact of recognition No. 1