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(영문) 대전고등법원 (청주) 2018.01.10 2017누3206

손실보상금

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Before the division, the land of this case was divided into the land incorporated into the following table (hereinafter “each of the instant land incorporated into the instant land”) and the land recorded in the remaining column (hereinafter “each of the instant land”) conducted by the Defendant (hereinafter “Defendant”) (hereinafter “Defendant”), and the Defendant (hereinafter “Defendant”) was divided into the land incorporated into the following table (hereinafter “instant project”) and the land incorporated into the following column (hereinafter “each of the instant remaining land”), and the land incorporated into the instant land was incorporated into the instant project on May 20, 2014 by the Regional Land Expropriation Committee of the Chungcheongbuk-do.

Da3,094, G 866 D2,228 E 3,094 3,254, Haz. 8444 E 2,250,050, f.-dong, F.2,094, f.2,250

B. As part of the instant project, the Defendant constructed a high-priced road on each incorporated land of the instant case (hereinafter “instant high-priced road”).

The completed elevated structure is about 7.1m away from each remaining land of this case in the horizontal direction, and the vertical direction is about 17.7m difference between the upper part of the structure and the height of the land.

As a result of the construction of high-priced roads in this case, the number of sunshines has been reduced due to the increase in the number of remaining lands in this case.

C. The Plaintiff leased each parcel of land before subdivision and installed a vinyl, and cultivated crops, such as Saturdays and branches. The instant project, which was the Plaintiff’s vinyl facility, was expropriated in the Defendant and paid compensation for losses to the Plaintiff. The portion of 1,551 square meters located on the ground of each of the instant incorporated land among the Plaintiff’s vinyl facilities.

Even after the expropriation, the Plaintiff continues to cultivate soil, etc. in 3,715 square meters of greenhouse facilities remaining on each of the remaining lands of this case (hereinafter “the remaining facilities of this case”).

The area of each of the remaining lands of this case due to the project of this case and the annual average infringement rate.