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(영문) 인천지방법원 2019.04.05 2018구합52161

수용재결취소

Text

1. The Defendant’s KRW 411,00 and the Plaintiff’s annual rate from June 30, 2018 to April 5, 2019.

Reasons

1. Basic facts

(a) Business approval and public announcement - Business name: B construction - Designation and public announcement of the route of roads under the Defendant’s Agricultural and Fishing Villages Maintenance Act: C, August 11, 2017, the Incheon Metropolitan City potter-gun published on August 30, 2017, and D, the Incheon Metropolitan City poman-gun published on August 30, 2

B. Adjudication on expropriation by February 23, 2018 of the Incheon Metropolitan City Regional Land Expropriation Committee - Compensation for losses: 5,171,000 square meters (hereinafter “instant land”): 5,171,000 square meters for the portion assessed before the actual utilization status, KRW 2,871,000 for the portion assessed as a road, KRW 2,300,000 for the portion assessed as a road, and KRW 80 square meters for the portion assessed as a road: The date of commencement of expropriation: The FR and the Land Expropriation Committee (hereinafter “appraisal”) on April 19, 2018;

(c) Court appraisal - Results: 94,000 won per 1 square meter in cases where the actual state of use is transferred, and 31,000 won per 1 square meter in cases of road (3,102,000 won in cases where following the judgment of the Incheon Metropolitan City Regional Land Expropriation Committee with respect to the actual state of use = 5,582,00 won in cases where following the determination of the Incheon Metropolitan City Regional Land Expropriation Committee with respect to the actual state of use) / [Grounds for recognition] Gap evidence 1, 4, and Eul evidence 6 from evidence 1, as a result of the commission of appraisal to H, the purport of the entire pleadings;

2. The assertion and judgment

A. A. A part of the Plaintiff’s assertion of this case may have been used as a road, but the Plaintiff impliedly allowed passage for the convenience of neighboring residents. Therefore, such circumstance alone does not constitute “the site of a private road” under Article 26(1)2 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Rule of the Land Compensation Act”).

Therefore, the amount of compensation for the entire area of the instant land should be calculated on the basis of “the entire area,” and the amount equivalent to the difference between the court appraisal amount calculated as such and the amount of compensation for expropriation, and the damages for delay from the day following the delivery of the duplicate of the complaint of this case.