beta
(영문) 의정부지방법원 2016.05.10 2014구합8907

손실보상금

Text

1. The Defendant: (a) each of the Plaintiffs KRW 19,807,020, as well as 5% per annum from July 16, 2014 to May 10, 2016.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: C Bogeumjari Housing project - Public notice: The defendant: D public notice issued by the Ministry of Land, Transport and Maritime Affairs on April 27, 2010, the Ministry of Land, Transport and Maritime Affairs announced on Apr. 28, 2010 publicly announced on Apr. 28, 2010, the Ministry of Land, Transport and Maritime Affairs announced on Nov. 16, 201, publicly announced by the Ministry of Land, Transport and Maritime Affairs on Nov. 6, 2012;

B. The Central Land Tribunal’s land subject to expropriation on May 22, 2014 - Land subject to expropriation: The amount of compensation [based on the basis of recognition] calculated on the basis of an arithmetic average of the respective appraisal results of the appraisal results of the Plaintiffs, respectively, 235,742,690 won - The date of expropriation: July 15, 2014 - The fact that no dispute exists on the basis of the computation [based on recognition], Gap evidence 1, 2 evidence 1 through 5, 3, Eul evidence 1, 2- evidence 1, 2- 1, 2-1, 2-2-1, 2-2, and 2-2, and the purport of the whole pleadings and arguments.

2. The assertion and judgment

A. The land category in the public register of the Plaintiffs’ assertion is “the answer,” but the actual status of use is “the stock farm site,” so the compensation for losses should be calculated on the basis of the stock farm site.

Nevertheless, in the adjudication of expropriation, since the current status of the use of the land of this case was evaluated as "the response" and the compensation did not reach legitimate compensation for losses, the defendant should pay the difference between the reasonable compensation for losses and the compensation amount stipulated in the adjudication of expropriation to the plaintiffs

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) Determination 1) 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 the land shall be calculated by taking into account the real situation at the time of the price and the objective situation based on the general method of use, but the conditions of temporary use, etc. shall not be considered. Article 24 of the Enforcement Rule of the Land Compensation Act delegated under paragraph (6) of the same Article provides that the amount of compensation for the land shall be determined by the Building Act, etc.