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(영문) 수원지방법원 2016.05.17 2015구합62720

손실보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. Approval and Public Notice of Project - Road Construction Works [B] Road Construction Works (State-funded Local Road C (hereinafter referred to as the “instant road”);

(j) 3rd (hereinafter referred to as “instant project”) - The Gyeonggi-do Public Notice D- Project Operator on August 20, 2012: Defendant

B. The Central Land Tribunal’s ruling on expropriation on May 22, 2014 - The subject of expropriation: 840,153,600 won in total (i.e., the above E land KRW 44,851,950 in KRW 795,301,650 in total) - The date of expropriation: July 15, 2014.

The Central Land Tribunal’s ruling of expropriation on January 22, 2015 (hereinafter “instant ruling of expropriation”): The content of the ruling - admitting a claim for expropriation of remaining land of 740 square meters for a wife G factory site at Chicago-si (However, 1,421 square meters for H factory site (hereinafter “instant remaining land”).

- Compensation for losses on the ground that a claim for expropriation of the remaining land and a claim for compensation for losses due to fall in the value of the remaining land is dismissed on the ground that it is difficult to use it as a factory, but it is possible to construct a small building, warehouse, etc., and there is no decrease in the price of the remaining land as a result of appraisal): Compensation for losses: Compensation for losses on the ground that the above G G land is compensated for: The date of commencement of expropriation: March 17, 2015; - the Korea Appraisal Board; the Korea Appraisal Board; the Certified Public Appraisal Board (hereinafter referred to as the “Appraisal for Expropriation”); the fact that there is no dispute, and the fact that there is no ground for recognition; Gap evidence 1; Eul evidence 1; Eul and 2 (including each number); and the purport of the entire pleadings.

2. The assertion and judgment

가. 원고의 주장 용인시 처인구 H 공장용지 4,465㎡(이하 ‘이 사건 분할 전 토지’라 한다)는 공장건물의 신축이 가능한 통상의 공장용지였으나, 위 토지가 수용되고 남은 이 사건 잔여지는 전체 면적의 26%에 해당하는 면적이 완충녹지에 포함되어 건축이 제한되는 점, 이 사건 잔여지의 상단부분은 평지이기는 하나 뾰족하고 폭이 좁은 부정형이고, 하단부분은 인접 토지와 5~6m 정도 고저...