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(영문) 광주지방법원 2018.06.14 2017구합411

수용보상금 증액

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 recognition and public notice - Public housing construction projects (B; hereinafter “instant housing construction projects”) - Public notice C in Gwangju Metropolitan City on December 23, 2014

(b) Public notice of land tax item (change) - The area of land to be originally expropriated shall be converted into 20 square meters in Gwangju Northern-gu, Gwangju Metropolitan City, the area of which is 705 square meters in consequence of the combination (the consolidation with E, F on September 22, 2015) and division (off to G and H) into 46 square meters in Seoul, North-gu, Gwangju, the area of which is 20 square meters in size and H large 46 square meters, and the area of which is excluded from 739 square meters in Seoul, North-gu, Gwangju Metropolitan City on September 15, 2016, the public notice of Gwangju Metropolitan City on September 15, 2016.

(b) The Central Land Tribunal adjudicates on expropriation on April 13, 2017 - Objects of expropriation: D owned by the plaintiff, H land obstacles - Date of expropriation: - Compensation for losses on June 6, 2017: 35,950,00 won [based on recognition]: The fact that no dispute exists, Gap evidence 1, and Eul evidence 13, and the purport of the whole pleadings;

2. Judgment on the plaintiff's assertion

A. In the Plaintiff’s adjudication of acceptance of the claim, the facilities for septic tanks (purification tanks, septic tanks, underground water pipes, and houseing) were excluded from compensation. The facilities for the septic tanks, the facilities for the septic tanks (a septic tanks, septic tanks, underground water pipes, and houseing pipes), the facilities incidental to the Sejong Deputy General (a compact shower, protruding signboards, gates, toilets), the floor packing and drainage channels (a drainage channel, water supply facilities, and ready-mixed)

Therefore, since the amount of compensation for adjudication does not reach a reasonable amount of compensation, it is sought to pay KRW 23,200,000, which is the difference.

B. 1) In order to build roads pursuant to the instant housing construction project, the Defendant was notified of the designation of a project implementer and the authorization of an implementation plan for the Gwangju Metropolitan City Urban Planning Facility (Road: K) road construction project on August 1, 2016. G land was expropriated in the said road construction project. 2) On July 1, 2015, the Plaintiff was operating the automobile maintenance office and the Sejong Metropolitan City Deputy Administrator on the one hand, namely, leasing a parcel of land located in the area of Gwangju Northern-gu D large 417 square meters and two lots of land.

3. Among the obstacles to which the plaintiff seeks compensation, the facilities of the septic tank and the facilities incidental to the Sejong Deputy Director are on the ground of G land, such as the compact shower and Seodaemun, and toilets are mainly on G land.