잔여지가치하락 손실보상금
1. The defendant
A. The Plaintiff A’s KRW 5,789,00 and its related KRW 5% per annum from December 2, 2006 to August 4, 2014.
1. Details of ruling;
(a) Project approval and announcement (1) project approval and announcement: A project operator of Kimpo-si announcement on January 31, 2005 (hereinafter “instant project”): Defendant
B. Each land and remaining land owned by the plaintiffs as incorporated for the instant project are as follows.
〃 GH return 5,340 2,997 2,343 Haak-si Haakk-si, A Kimpo-si, Kimpo-si, DEF 4,416 2,762 1,654 2, 654 2, and 301,301, 44 〃 4,174 1,798 1,301
C. Although the Plaintiffs filed an application for compensation for losses for each remaining land owned by the Plaintiffs with the Gyeonggi-do Regional Land Tribunal, the Gyeonggi-do Regional Land Tribunal dismissed the application for compensation for losses on December 18, 2013.
As a result of the appraisal of appraiser K of this Court, the remaining land fall below 5,789,00 won, the remaining land fall below 5,789,000 won, the remaining land fall below 8,200,500 won, and the remaining land fall below 6,850,800 won from among the land that was owned by the plaintiff Choyangyang C&C, and the land fall below 6,850,800 won.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Since the value of the remaining land owned by the plaintiffs as a result of incorporation into the plaintiff's assertion of this case has diminished, the defendant should pay compensation for losses due to the decline in the value of the remaining land.
B. The main text of Article 73(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) provides that a project operator shall either reduce the price of the remaining land or cause other losses due to the acquisition or use of part of a group of land belonging to the same landowner, or newly install the passage, ditch, fence, etc. of the remaining land or require other construction works.