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(영문) 청주지방법원 2020.01.09 2019구합5637
손실보상금
Text

1. The Defendant’s KRW 97,600,000 as well as 5% per annum from October 5, 2018 to January 9, 2020 to the Plaintiff.

Reasons

1. Details of ruling;

A. Business title - Business title: Public housing construction project (hereinafter referred to as “instant project”) - Defendant - Public notice of implementation plan: Public notice of January 2, 2017

C. Notice of the Ministry of Land, Infrastructure and Transport on January 4, 2017

D. b.

The Central Land Tribunal’s ruling of expropriation on August 9, 2018 (hereinafter “the instant ruling of expropriation”): On October 4, 2018, the date of commencement of expropriation: The object of expropriation: The petitioner E-Gu, Cheongju-si (hereinafter “instant land”) and F large- 19 square meters (hereinafter “instant land 2”), five square meters prior to G (hereinafter “instant third land”); 362 square meters prior to H (hereinafter “instant land”); each of the instant lands is referred to as “each of the instant lands”; - The expropriation compensation amounting to KRW 1,132,686,00,00, and specific details are as follows:

Land of this case No. 14,832,350 of this case’s land No. 282,375,400 of this case’s land No. 3,903,250 of this case’s land No. 282,375,400 of this case’s land No. 1,132,686,00

C. The Central Land Tribunal’s ruling on objection (hereinafter “the instant ruling”) dated February 28, 2019 - Contents of the ruling: The amount of compensation set forth in the instant ruling on expropriation is changed to increase as indicated below in the “total amount of compensation,” and the amount of compensation set forth in the previous ruling on expropriation is changed to KRW 870,00,000 for the land of this case No. 15,637,000 for the land of this case No. 15,115,00 for the land of this case No. 3 land of this case No. 4, 115,00 for the land of this case No. 4284,031,000 for the land of this case No. 4 of this case No. 284,

D. On September 2018, the Plaintiff reserved an objection and received KRW 1,132,686,00 as a compensation set forth in the instant adjudication on expropriation. On March 2019, the Plaintiff reserved an objection and the Defendant filed a claim for KRW 41,09,00 of the increased compensation in the instant adjudication on acceptance of the said compensation from the Defendant on December 20, 2019 after the closing of argument. However, the Plaintiff reserved the objection, but did not indicate the intention of reservation at the time of receiving the said compensation from the Defendant. Accordingly, the instant lawsuit was brought.

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