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(영문) 대구지방법원 2016.11.22 2016구합850
보상금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Construction Works on National Highway (hereinafter referred to as the “instant project”) - C public notice of the Busan Regional Land Management Office on March 21, 2014 - Project implementer: the head of the Busan Regional Construction and Management Administration.

B. After the subdivision of land before the subdivision, the Plaintiff, who was located in the land E, E, 655 square meters E, 263 square meters, G, 392 square meters, G, 392 square meters, L, 865 square meters, L, 318 square meters, L, 865 square meters, was located in the Plaintiff’s land in Yeongdeungpo-si, Youngcheon-si, E, 655 square meters and F, 1,183 square meters (hereinafter “land before subdivision”). The land before subdivision was divided as follows on April 11, 2014 due to the instant project.

(hereinafter referred to as "individual land after subdivision shall be specified as each parcel number).

(1) On December 23, 2014, the Plaintiff entered into a contract for compensation for damages with compensation of KRW 10,89,990 with respect to each obstacle on the land of the Republic of Korea, E, and G, respectively. (2) On December 29, 2014, D entered into a contract for compensation of KRW 36,418,00 with respect to the land of E, E, and G with compensation of KRW 36,418,00, and on December 30, 2014, the ownership transfer registration for each of the above land was completed in the Republic of Korea.

The Central Land Tribunal’s adjudication on expropriation on February 26, 2016 (hereinafter “instant adjudication on expropriation”): obstacles listed in the Schedule 1 attached hereto, owned by the Plaintiff on F land, H land, and each of the above lands (hereinafter “in the event of obstacles” in total), respectively: 69,678,700 won (F land 18,730,200 won, H land 50,948,500 won), total amount of compensation for damages, 12,416,000 won (total of the obstacles in the instant case, KRW 5,016,000, total of the obstacles in the H land 7,400,000) - The date of expropriation: April 19, 2016.

The head of the Korea Rural Community Corporation, which is an entrusted agency of the head of the Busan Regional Construction and Management for the payment of deposits and compensation, shall make D on April 18, 2016 as a deposit, and KRW 50,948,500 of the H land as the deposit, and the Plaintiff as the depositee, shall make the compensation for obstacles to the H land on the ground.

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