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(영문) 수원지방법원 2016.09.27 2014구합5393

손실보상금증액

Text

1. The Defendant’s KRW 120,496,620 as well as 5% per annum from June 11, 2014 to September 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 2008, the Defendant is the project implementer of the housing site development project (the second unit of the housing site development project in the C district; hereinafter “instant project”) publicly notified by the Ministry of Land, Transport and Maritime Affairs, and the Plaintiff is the owner of D paddy field 6,09m2 (hereinafter “instant land”) included in the instant project site.

B. Meanwhile, from around 1989 to 1990, E buried domestic wastes in the part of 992 square meters of the instant land (hereinafter “instant key part”).

C. The Defendant requested the Korea Testing and Research Institute of Chemical Convergence to investigate the soil contamination level of the instant land in order to verify the degree of the contamination of the land caused by the wastes buried in the instant land in the course of implementing the instant project. The said Institute submitted a report to the effect that “The soil contamination level of the instant land was measured by means of card-cadmium, cadmium, lead, lead, lead, lead, mercury, mercury, mercury, hydrogen, rain, luene, luene, luene, luene, etc. as a result of the analysis of the soil contamination level to assess the environmental hazard that may affect the surrounding land environment, and all other items were measured by the unexplosion, and all other items were measured by the unexplosion, and submitted a report to the Institute within the level of the soil contamination level as stipulated in [Attachment Table 3] of Article 1-5 [Attachment Table 3] of the Enforcement Rule of the Land Environment Conservation Act.

In addition, around March 2013, the Defendant requested the Korea Economic Institute to conduct an investigation into the cost of waste disposal of the instant land to the Korea Research Institute, and the said Institute submitted a report that “The cost of waste disposal of the instant land is spent in KRW 213,316,00 (hereinafter “the report on the cost of waste disposal”).

E. The Central Land Expropriation Committee, on April 17, 2014, assessed on the date of expropriation as of June 10, 2014, on which the date of expropriation begins as of June 10, 2014, on the whole of the above land as the response, and assessed as the waste selection cost out of the waste disposal costs.