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(영문) 전주지방법원 2019.02.20 2017구합2247

손실보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 14, 2009, in order to execute the instant project bypassing a bypass (B) road construction work (V) within the jurisdiction of the Special Metropolitan City Kim Jong-si (hereinafter “project implementer”), the Special Metropolitan City Management Office determined and publicly announced a road zone to be incorporated into the instant project under the Road Act (Public Notice C by the Special Metropolitan City Management Office).

B. In the instant project site, each land listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”) was included in the instant project site, and the project implementer, in consultation with the Plaintiff to acquire the instant land, filed an application for adjudication to expropriate the instant land, but did not reach an agreement.

C. On March 9, 2017, the Central Land Expropriation Committee rendered a ruling of expropriation on April 10, 2017 with regard to the instant land as the commencement date of expropriation, and the Plaintiff dissatisfied with the said ruling and filed an objection seeking the purchase of the remaining land and the increase in the compensation for expropriation.

On August 24, 2017, the Central Land Tribunal dismissed the remaining part of the Plaintiff’s objection, and made a ruling dismissing the part regarding the increase of compensation on the ground that the compensation is adequate by re-appraisaling the remaining part of the Plaintiff’s objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (including virtual number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. When the Plaintiff’s assertion is rendered on the expropriation of the instant land by means of the transaction comparison method, it was inappropriate to select a comparative standard site by excluding actual transaction cases, based on the actual transaction price, or based on the appraisal base date as of March 9, 2017. As such, the Defendant is liable to pay the compensation calculated based on the actual transaction price of neighboring land sold on March 25, 2017.

(b) as shown in the attached Form of the relevant statutes;

C. Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the “Act”).