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(영문) 부산고등법원(창원) 2017.10.25 2017누11056

토지수용에 대한 보상금 증액

Text

1. Of the judgment of the court of first instance, the part against Plaintiff A, equivalent to the amount ordered to be paid below, shall be revoked.

Reasons

Details of adjudication, etc.

(a) Business approval and public notice - Business name: C development project approval and public notice - Business name: D public notice of Kim Sea on July 29, 2010, E, Kim Sea public notice of Kim Sea on December 2, 2010, the F public notice of Kim Sea on September 27, 2012, G public notice of Kim Sea on October 17, 2013, H public notice of Kim Sea on November 21, 2013, I public notice of Kim Sea-si on November 21, 2013, and I public notice of Kim Sea-project operator on January 14, 2016: Defendant.

(b) Decision on expropriation made on April 26, 2016 by the Gyeongnam-do Regional Land Expropriation Committee on April 26, 2016 - (1), 32/1064 shares in JJ-type land in the city of Kimhae-si, Kim Jong-si, 981 square meters of L, and 332/1064 shares in the land owned by the Plaintiff, and 2, 732/1064 shares in the land owned by the Plaintiff - The starting date of expropriation: June 20, 2016 - Compensation for losses (1,949,524,80 won in the land owned by the Plaintiff 732/1064 shares in the land owned by the Plaintiff 140,607,720 won in the land owned by the Plaintiff 730,970,970,000 won in the land and business losses (1,07,947,960 won in the land owned by the Plaintiff 2014,620 won

C. The Central Land Tribunal’s ruling on December 12, 2016 - Contents of the ruling: ① The Plaintiff’s objection to the land shall be dismissed, and the Plaintiff’s objection shall be increased to KRW 1,136,956,200 (the total amount of compensation for losses incurred by the Plaintiff A) and KRW 2,008,53,920 (the total amount of compensation for losses incurred by the Plaintiff A) ② The objection filed by the Plaintiff B shall be dismissed.

(d) Results entrusted to the appraisal by the court of first instance for the appraisal of appraiser M - Contents of appraisal: ① (2) the appraised value of the J land is KRW 457,930,80,000, (3) the appraised value of the L land is KRW 1,201,30,301,40: ① The compensation for losses based on appraisal of KRW A2,086,884,582 (332,695,000 among L land of KRW 742,695,00, KRW 142,888,182 ( KRW 457,930,800 x 332/1064 x 332/1064 x 1,201,301,400) < Amended by Presidential Decree No. 120615, Aug. 26, 201; Presidential Decree No. 17520, Mar. 1, 2016>

A. The reasoning for this part of the judgment of the court regarding the allegation of illegality in the procedure is relevant to the reasoning of the judgment of the court of first instance (Articles 4 through 3, 5, and 5).