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(영문) 부산고등법원 2015.09.09 2014누496

토지수용이의재결처분취소등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

(a) 1) project approval and public announcement - project name: B development project (hereinafter “instant project”);

- The public announcement of the project approval: The public announcement of the project approval of this case in this case, which is publicly announced by the Ministry of Construction and Transportation on June 25, 2007, is in accordance with Article 6 of the former Industrial Sites and Development Act (amended by Act No. 8635 of August 3, 2007) and Article 9 of the Enforcement Decree of the same Act, and Article 22 of the same Act, is in accordance with Article 6 of the same Act and Article 9 of the same Act, and is in accordance with

Therefore, the provisions of the Public Works Act shall apply to the appraisal of compensation for losses for the instant land (hereinafter referred to as “instant public project approval”).

- Project operator: Defendant 2) The Central Land Expropriation Adjudication (hereinafter “instant expropriation adjudication”) dated October 7, 201 by the Central Land Expropriation Committee (hereinafter “instant expropriation adjudication”): 12,001 square meters of Ulsan D Forest land (hereinafter “instant land”): Compensation for losses: 711,870,250 won 3) February 17, 2012 by the Central Land Expropriation Committee (hereinafter “instant adjudication”).

- Compensation for losses: 732,532,500 won

B. 1) The instant land at the time of the instant expropriation ruling, including the composition of the instant land and the current status at the time of the instant expropriation ruling, shall be as follows: ① approximately 10,607 square meters in the forest part covered by natural forests; ② 194 square meters in the forest part, which is used as roads (hereinafter “instant road”).

(3) Part, ③ approximately 1,200 square meters of the building site of the farm household (hereinafter “instant building site”), and the block structure with the total floor area of 113 square meters without permission is the “instant building.”

(2) The development period of the instant project is from 1974 to December 31, 201. Accordingly, the part of the instant land, the upper part of which is 279 square meters (hereinafter “instant land”) was changed from August 19, 1986 to an industrial area on August 19, 1986, and the remaining part of the instant land excluding the said 279 square meters.