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(영문) 서울고등법원 2014.09.05 2013누29140
토지수용에 대한 보상금증액
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 13,35,00 and KRW 7,620,00 among them.

Reasons

1. Details of ruling;

(a) Approval and Public Notice of the Project - Road Project (B Corporation; hereinafter referred to as the “instant Project”) - Public Notice C by the Seoul Regional Construction and Management Office ( March 28, 2011): Seoul Regional Construction and Management Office

(b) The Central Land Expropriation Committee’s ruling on expropriation by June 24, 2011 - subject to the adjudication on expropriation by the Central Land Expropriation Committee: Fan-si, Namyang-si, 812 square meters of river, D river 197 square meters of river, E- river 183 square meters of a river, G river 713 square meters of a G river (hereinafter “instant land”): Compensation for losses: 306,705,000 won - Date of expropriation by the Land Expropriation Committee: An appraisal corporation and Gan-si, an appraisal corporation: (a) an appraisal corporation;

C. The Central Land Tribunal’s ruling on an objection made on October 28, 2011 - Dismissal of an objection made - An appraisal business entity: Scenic appraisal corporation, central appraisal corporation (at least four appraisal corporations; hereinafter “adjudication appraiser”) / [based on recognition] without any dispute, Gap’s evidence 1, 2, Gap’s evidence 3-4, 5, Eul’s evidence 1, Eul’s evidence 6-1 and Eul’s evidence 6-2, and the purport of the entire pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion falls under a site where the land category of the instant land was incorporated into a river area according to the L Repair Work (river Maintenance Business) implemented on February 24, 1985 in Gyeonggi-do’s river as a river, but the compensation for which was not paid. If the instant land was not incorporated into a river area and the public law restrictions were not imposed, it is obvious that the actual use of the instant land would have changed to the commercial area rather than the current “electric field”.

Therefore, pursuant to Articles 23 and 25 of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Defendant should assess the appropriate amount of compensation by referring to the comparison standard of H land at the southyang-si based on the commercial area in the national highway and planned control area.

(b).

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