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(영문) 광주고등법원 2016.11.10 2015누6629

수용보상금

Text

1. The portion of the claim for land compensation in the judgment of the first instance includes the Plaintiff’s claim extended and reduced in the trial.

Reasons

1. The Plaintiff sought compensation for land compensation and the expenses incurred in relation to warehouse business in the first instance court. The first instance court partially accepted the portion of the claim for compensation for the expenses incurred in relation to warehouse business, and dismissed the claim portion of land compensation.

Accordingly, the plaintiff did not appeal the part concerning the claim for compensation for the expenses related to warehouse business while filing an appeal, and only the part concerning the dismissal of the claim for land compensation was filed (the preparatory document dated October 30, 2015), and the person subject to the judgment on the party hearing is limited to the claim for land compensation.

2. Basic facts

A. On December 7, 2007, the Plaintiff issued a building permit to the Plaintiff in the Hamyeong-gun, Hamyeong-gun, Chungcheongnam-do (hereinafter “instant land”). On January 31, 2008, the Plaintiff purchased 3,160 square meters in the name of the Plaintiff for the instant land, and completed the registration of ownership transfer under the Plaintiff’s name.

B. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs: (a) pursuant to Article 15 of the Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complexes on September 30, 2009, the F Complex Development Project (hereinafter “instant project”) in which the Defendant is the project site; (b) approved and publicly announced as G publicly notified by the Ministry of Land, Transport and Maritime Affairs; (c) the instant land was included in the instant project site under the instant project plan.

(c) Date of adjudication of expropriation by the Central Land Tribunal (1) on expropriation: The date of commencement of expropriation: 3) the land in this case: Compensation for losses on July 15, 2014: 106,808,000 won calculated on the basis of the arithmetic mean of the respective appraisal results of two appraisal business entities (hereinafter referred to as "adjudication of expropriation"; and hereinafter referred to as "amount of adjudication of expropriation"), which derives from the arithmetic mean of the appraisal results of each appraisal by two appraisal business entities;

(d) Date of adjudication on an objection by the Central Land Expropriation Committee (1) : The content of adjudication shall be calculated by calculating the arithmetic mean of the respective appraisal results of two appraisal business entities.