토지수용에 대한 보상금증액청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of ruling;
(a) Project name: B) Project name: Public notice of project implementation authorization: C ( March 31, 2016) and D ( February 17, 2017) public notice of Ansan City: Defendant;
B. Objects to be expropriated by the Gyeonggi-do Regional Land Expropriation Committee on August 28, 2017: An E 172 square meters in Ansan-si (hereinafter “instant land”).
2) The date of commencement of expropriation: Compensation for losses: 138,030,000 won: 138,030,000 won: F and G
(c) Compensation for losses by the Central Land Tribunal on May 24, 2018 (Adjudication 1) : 146,630,000 won: 2: The fact that there is no dispute over H and I (based on recognition), Gap's evidence 1, 2, and Eul's statements and the purport of the whole pleadings;
2. The assertion and judgment
A. The Plaintiff’s assertion should be assessed as commercial land or business site, and even if it cannot be assessed, it should be assessed as commercial land or business site, not as land.
Nevertheless, the acceptance ruling of this case and the objection ruling are unlawful in calculating compensation by selecting a comparative standard site without any similarity with the actual use status, and even if the selection of comparative standard site is lawful, there is no specific explanation in comparing individual factors such as goods, etc., and the J land selected as the standard land for comparison case is entirely different from the current status of land of this case, such as pure field.
Therefore, the defendant is obligated to pay the difference between the reasonable compensation and the above compensation amount to the plaintiff.
(b) The attached Form of relevant statutes is as follows.
C. Article 70(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “The amount of compensation for land shall be calculated by taking into account the real situation at the time of the price and the objective situation by the general method of use, but the conditions of temporary use, etc. shall not be considered.”