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(영문) 수원지방법원 2015.06.25 2013구합7446

손실보상금증액 등

Text

1. The Defendant: (a) KRW 22,624,200, Plaintiff B, C, and D respectively to Plaintiff A and each of them on January 10, 2013.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - E business (F; hereinafter “instant business”) - A project operator: Defendant: the Ministry of Land, Transport and Maritime Affairs’s notice on January 28, 2008 (G), the Ministry of Land, Transport and Maritime Affairs’ notice on August 29, 2008 (H), the Ministry of Land, Transport and Maritime Affairs’ notice on October 30, 2009 (I), and the Ministry of Land, Transport and Maritime Affairs’ notice on December 13, 201 (J):

B. The Plaintiffs were jointly owned the land size of 8,542 square meters of K forest 8,542 square meters prior to the partition (Plaintiff A2/5, the remaining Plaintiffs 1/5 equity ownership), and due to the instant project, the said land was divided into 5,190 square meters of K forest, 536 square meters of L forest 5, 2,816 square meters of land, M forest 2,816 square meters of land.

(c) The Central Land Expropriation Committee’s ruling on expropriation on November 16, 2012 - Subject to expropriation: 2,816 square meters of Ma forest in Leecheon-si owned by the Plaintiffs (hereinafter “instant land”): The starting date of expropriation: January 9, 2013 - Compensation: The details of real estate compensation in attached Form 1 are as indicated in the column for the adjudication on expropriation among the details of real estate compensation.

(Plaintiff A 208,327,680 won, Plaintiff B, C, and D 104,163,840 won, respectively. - Claim for compensation of remaining land: The Plaintiffs recognized K forest land 5,190 square meters, and L forest land 536 square meters (hereinafter “the remaining land of this case”) as remaining land in Echeon-si, and claimed compensation for the reduced price, but were dismissed on the ground that there was no price reduction.

- Certified public appraisal corporations: Dive appraisal corporations and future appraisal corporations;

(d) The Central Land Tribunal’s ruling on an objection made on July 18, 2013 - Dismissal of the content of the objection: An appraisal corporation: The Korea Land Tribunal’s ruling on an objection: An appraisal corporation and the Korea Land Appraisal Corporation’s central appraisal corporation (hereinafter referred to as “adjudication appraiser” in combination with the appraisal appraiser on an expropriation, and the results of each appraisal collectively referred to as “adjudication”).

E. The result of the market price appraisal (hereinafter “court appraisal”) conducted by the appraiser N (hereinafter “court appraiser”) of this Court - Compensation for losses for the land in this case: The same shall apply to the statement in the column of the court appraisal among the details of the real estate compensation in attached Form 1.

(Plaintiff A217,845,760 won, Plaintiff B, C, and D respectively) 108,92,880 won - The value decline of the remaining land of this case.