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(영문) 대구지방법원 2015.12.22 2014구합22214

손해배상(기)

Text

1. The Defendant’s KRW 20,712,090 for the Plaintiff and KRW 5% per annum from December 24, 2013 to December 22, 2015.

Reasons

1. Basic facts

(a) Details of public works - Project name: B river environment rearrangement project - Project implementer: Busan Regional Land Management Office - Public notice: C public notice of February 8, 2012;

B. The Central Land Tribunal’s ruling of expropriation on November 21, 2013 (hereinafter “adjudication of expropriation”): Land and obstacles listed in the attached Table 1 list owned by the Plaintiff - Compensation - Compensation 580,803,360 won (i.e., land 412,275,760 won and 168,527,60 won and details of the adjudication of expropriation) - An appraisal corporation: A new appraisal corporation, a new appraisal corporation, and a certified land appraisal corporation of a corporation.

C. The Central Land Tribunal’s ruling on an objection (hereinafter “Objection”) dated March 20, 2014 - Contents of the ruling: The dismissal of the part of the land, the increase of KRW 10,567,400 in the part of the obstacles (the details of the award shall be the same as the description of the amount of compensation for objection” in attached Table 1) - An appraisal corporation: The appraisal corporation: the third appraisal corporation and the stock company (hereinafter “Objection Ruling”): the fact that there is no dispute as to the ground for recognition, Gap evidence 1 (including the branch number; hereinafter the same shall apply), Eul’s statement in subparagraphs 1 and 2, and the purport of the entire pleadings, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant expropriation decision and its objection on the compensation for losses of the land and obstacles in this case were unlawful since the amount of the compensation for such losses does not reach an appropriate amount of compensation. (2) The Plaintiff in the portion of the compensation for agricultural losses is deemed to fall under the statistical data of the Rural Development Administration, which is the statistical data of the Rural Development Administration, which is the statistical data of the Rural Development Administration, under Article 3 subparag. 3 of the Statistics Act, the total income of crops per unit cultivated area

(2) At the time of the decision to expropriate the instant case, the Agricultural Product Disaster Insurance Act is not only required, but also the shipment performance confirmation and the entry and departure transaction statement of the Daegu Yangyang-si Office, the Daegu Gyeongyang-do Seoul Agricultural Cooperative Center, D, Ansan-dong Partnership, the Ansan Agricultural Cooperative Co., Ltd., and the North Daegu-gu Joint Agricultural Center.