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(영문) 대전고등법원(청주) 2015.05.12 2012나3037

토지및지장물인도등

Text

1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. Basic facts

A. On December 26, 2008, the Cheongbuk-do Governor approved and announced an industrial complex plan to develop the size of 1,389,202 square meters (hereinafter “instant project site”) of Cheongju-si, Cheongju-si, G, F, H, I, J, one J, and J (hereinafter “the instant project site”) as an industrial complex (title: K: 2) net B (Death on July 15, 2012, while the first instance trial is underway, and deceased on July 15, 2012; hereinafter “the network”). On the ground, each of the instant land owned by the deceased was included in the instant project site for the purpose of draining water, and there was an obstacle to the deceased’s ownership [the place where water can be collected by means of substitution, stone, fence, flood, reservoir (the place where water can be collected) and the relevant facilities owned by the Defendant Company (hereinafter “Defendant Company”).

On the other hand, the defendant company had engaged in two kinds of money in each land of this case.

3) Defendant C, etc. is the deceased’s inheritors. B. (1) On June 28, 2011, the Chungcheongbuk-do Regional Land Expropriation Committee of the Republic of Korea accepted each of the instant land and obstacles, and the compensation amounting to KRW 4,238,941,430 (i.e., each of the instant land 1,460,248,130 (i.e., KRW 2,623,383,300).

2. For the date of commencement of expropriation:

7. 29.

The Court rejected the Defendant Company’s assertion that the Defendant Company should receive compensation for business closure in relation to the two money businesses (hereinafter “instant adjudication”), and accepted the Plaintiff’s assertion that it would be sufficient to compensate for business closure.

2) On July 28, 2011, the Plaintiff is entitled to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).

(2) Pursuant to Article 40(2)(1), Cheongju District Court Decision 201No. 2034 (Depositee Deceased) and the court No. 2035 (Depositee Defendant Company) deposited the above confinement compensation in accordance with Article 40(2)(1) of the Act (hereinafter “instant deposit”).

(iii) ;