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(영문) 대구지방법원 2021.01.13 2018구합23697
손실보상금
Text

1. The Defendant: (a) KRW 7,085,850 to Plaintiff B; (b) KRW 2,361,950 to Plaintiff C; and (c) each of them, from January 31, 2018 to August 7, 2020.

Reasons

1. Facts of recognition;

A. As to E forest land E-24,595 square meters (hereinafter “E-land before subdivision”), each of the Plaintiffs owned 1/4 shares, and Plaintiff B’s spouse A owned 1/2 shares, respectively.

B. On January 7, 2016, pursuant to Article 9(8) of the Railroad Construction Act, the Minister of Land, Infrastructure and Transport approved and publicly notified the alteration of the implementation plan to implement G construction projects (Y of the Ministry of Land, Infrastructure and Transport’s announcement of the Ministry of Land, Infrastructure and Transport’s announcement of the change in the implementation plan (Y of the Ministry of Land, Infrastructure and Transport’s announcement of the Ministry of Land, Infrastructure and Transport) in the Youngcheon-si Fri Zone, including the land before

On July 19, 2016, E’s land before subdivision is divided into E- 8,221 square meters of forest land in Yongcheon-si (hereinafter “E’s land after subdivision”), 8,056 square meters of forest land in Yongcheon-si (hereinafter “I land”) and 8,318 square meters of JJ forests in Yongcheon-si (hereinafter “J land”), and as to each of the above land, the registration of division of 1/4 and 1/2 shares was completed to A with respect to each of the above land, and only I land located at the center was acquired to conduct the instant project.

(d)

Accordingly, around November 2016, the Plaintiffs and A demanded the Defendant to purchase the land E and J land (hereinafter collectively referred to as “the remaining land of this case”) from the Defendant (including a request for purchase of remaining land, etc. and a claim for compensation for losses incurred due to the price decrease in the remaining land of this case) in the primary title of “written request for purchase of remaining land, etc. (including losses of remaining land and a claim for compensation for construction expenses)” and the Defendant did not receive any reply from the Defendant.

E. On January 16, 2017, the Plaintiffs and A requested the Defendant to file an application for adjudication on the grounds that ① gathering the amount of compensation for losses of I land, ② refusing to consult on the number of remaining land in this case or the claim for compensation for losses (no response was made). On June 14, 2017, the Defendant filed an application for adjudication with the Central Land Expropriation Committee on the ground that the consultation on the compensation for losses of I land was not reached.

On the other hand, Plaintiffs and A shall be the Central Land Expropriation Committee around August 2017.

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