손실보상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of ruling;
(a) Business approval and public notice - Business name: Public housing project (B) - Project operator: Defendant - Public notice: C public notice of the Ministry of Construction and Transportation on June 26, 2006 and D public notice of the Ministry of Land, Transport and Maritime Affairs on July 29, 2009
B. As 442 square meters (hereinafter “instant expropriated land”) and the housing on the ground (1st floor of 81.85 square meters, 24.76 square meters, 24.76 square meters, and 17.01 square meters, which are part of the land before the instant partition, owned by the Plaintiff, were expropriated in the instant project. As such, 343 square meters (hereinafter “instant building”) were left in the land before the instant partition, among the land before the instant partition.
C. The Plaintiff filed a claim with the Central Land Expropriation Committee to compensate for a decrease in the price of the remaining land of this case, but the Central Land Expropriation Committee dismissed the Plaintiff’s claim on July 13, 2017 on the ground that the price of the remaining land of this case did not decrease.
(hereinafter referred to as “instant expropriation ruling”). 【No dispute exists, Gap evidence Nos. 1, 3, 7, and 8, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 1, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion ① The remaining land of this case is a broad housing site located in the original development restriction zone, and is the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”).
() A building cannot be constructed in a development-restricted zone pursuant to Article 12 of the Enforcement Decree of the Act, but a house can be newly built on the land where the existing house had existed since the designation of the development-restricted zone pursuant to Article 13 of the Enforcement Decree of the same Act. Therefore, the land which originally has high value as
② However, the land to be expropriated is expropriated in the instant project, which is a public project, and the remaining land of this case can be constructed any more pursuant to attached Table 2 of the Enforcement Decree of the Development Restriction Zone Act.