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(영문) 서울고등법원 2021.03.26 2020누38197

손실보상금

Text

1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Details of ruling;

A. On December 8, 201, the Minister of Land, Infrastructure and Transport designated the Bogeumjari Housing District pursuant to Article 6 of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 11690, Mar. 23, 2013) and publicly notified the recognition of the project pursuant to Article 12 of the same Act (amended by Act No. 11690, Mar. 23, 201). (B) The decision of the Central Land Expropriation Committee on the Expropriation of Land; 1) the Defendant, who is the project implementer for the Bogeumjari Housing District, filed an application for the adjudication to acquire 1/2 shares out of 4,72 square meters of forest land owned by the Plaintiff and 4,370 square meters of G forest owned by the Plaintiff (hereinafter referred to as “the instant land”), and when indicating individual land, it shall be identified as “H land”.

During the adjudication process above, the Plaintiffs asserted that the status of use of the instant land was “former” and that the compensation would be changed.

2) On July 13, 2017, the Central Land Expropriation Committee shall evaluate the F land used as “former” continuously from the year 1966 to the year 1985 and 2011 from among F land used as “former” as a result of the reading of aerial photography in 1966 and 1985, which was the year when the approval of the project was publicly announced, as “former”, as “former”, the said Committee shall compensate for the said F land as “former” of 3,701 square meters and 388 square meters among G land.

“The Court rendered a ruling of expropriation on September 5, 2017 (hereinafter “instant ruling of expropriation”) with respect to the amount of compensation for losses on the instant land indicated in the column of “adjudication of expropriation” in attached Table 1, and made a ruling of expropriation on September 5, 2017 with respect to the starting date of expropriation.

(c)

1) The Plaintiffs asserted that, while dissatisfied with the adjudication of the expropriation of this case, the area of the land, the land category of which is “all areas,” the land category of which is “all areas,” should be determined as “all areas.”

2) On May 24, 2018, the Central Land Expropriation Committee established on May 24, 2018.