토지수용에 대한 보상금 증액
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of ruling;
(a) Project approval and public notice - Project name: Bupyeong-si Logistics Complex Development Project (hereinafter referred to as the “instant project”): Defendant - The Gyeonggi-do public notice on September 26, 2008
(b) The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on May 12, 2014 - The subject of expropriation: 291,558,660 won (unit price 257,333 square meters) - The date of commencement of expropriation: the fact that there is no dispute on June 26, 2014 / The entry of evidence No. 1-2, and the purport of the whole pleadings by the Plaintiff.
2. The assertion and judgment
A. In the purchase procedure and the expropriation adjudication procedure for the land of this case, each appraisal corporation selected the land of Gyeyang-gu, Incheon, which recorded the lowest price among all the compensation precedents in neighboring areas, as the compensation preference land, and assessed the land of this case. In calculating the gap rate of standard land comparison with the precedents land, individual factors were arbitrarily calculated, and assessed that the land of this case, which resulted in the development of logistics complex in the Seoul metropolitan area, had the same regional factors as the precedents land located in the Aananan Game Stan Game Stan and its surrounding areas. The difference rate calculated by dividing the appraisal price of the land of this case by the officially announced land price of January 1, 2008, which is the basic date, is inconsistent with the difference rate of all the land of the same specific-use area.
Therefore, the defendant should pay to the plaintiff 614,841,340 won calculated by subtracting the amount of compensation 291,58,660 won deposited by the defendant from the amount of a reasonable compensation calculated by selecting the land of Gyeyang-gu Incheon, Incheon, which was expropriated for the public interest or sports complex construction rather than the logistics complex as a precedent compensation land, which is 906,40,400 won.
The Plaintiff’s claim is divided into KRW 290,993,340 as land compensation, and KRW 323,842,00 as public donations, but this constitutes the amount of claim.