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(영문) 광주지방법원 2019.01.24 2018구합10453

손실보상금

Text

1. The Defendant: 15,880,520 won to Plaintiff A, 2,020,300 won to Plaintiff B, and 5,519,820 won to Plaintiff C, and Plaintiff D.

Reasons

1. Details of ruling;

(a) Business Approval and Notice - Free Economic Zone Development Project (U, hereinafter referred to as the “instant Project”) - Notice V of the Ministry of Finance and Economy on May 4, 2006

(b) Project operator: Defendant;

C. The Central Land Expropriation Commission’s ruling on expropriation on April 13, 2017 - Land subject to expropriation: each of the lands listed in Table 1 attached hereto (hereinafter “each of the lands of this case”, and no dispute is raised against obstacles: June 6, 2017 - Compensation for losses: Each “Adjudication amount of expropriation” listed in Table 1 attached hereto.

(d) The Central Land Tribunal’s ruling on an objection made on January 25, 2018 - Details of the ruling: Each “amount of the ruling” listed in Table 1 attached hereto 1 / [based on recognition] is not disputed, Gap’s 2 through 5, Eul’s 8 and 9 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings and arguments.

2. Judgment on the plaintiffs' assertion

A. The Plaintiffs’ assertion 1) The period of project implementation stipulated in the public notice on the approval of the implementation plan of the instant project on May 4, 2006 was terminated in 2015, and the public notice on the approval of the implementation plan on January 7, 2016 should be deemed as the new approval of the implementation plan. As such, an appraisal should be made by applying the officially announced land price on January 1, 2016, rather than January 1, 2006. (2) The payment of money equivalent to the difference between a legitimate amount of compensation based on the court’s appraisal on each of the instant land and the amount of compensation for objection.

(b) Attached Form 3 of the relevant Acts and subordinate statutes;

(c) Recognition 1) - Public notice of approval of implementation plans of the Minister of Finance and Economy - Public notice of approval of implementation plans of the Ministry of Finance and Economy on May 4, 2006 - Public notice of approval of implementation plans and topographic drawings from 2003 to 2015 - Public notice of approval of implementation plans and topographic drawings of the Administrator of the Mineyang Free Economic Zone Authority from 2003 to 2015 - public notice of approval of alteration of development plans of the Governor of the Do Governor of the Mayangyang-Project on April 16, 2015 - public notice of approval of alteration of development plans of the Do Governor of the Donam-do on November 19, 2015 - public notice of approval of alteration of development plans of the Do governor of the Doyang-Seoul-do from 2003 to 2016