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(영문) 창원지방법원 2016.11.15 2016구합50127
손실보상금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: C development project (hereinafter “instant project”);

(2) Notice: 3 project operators, such as Kimhae-si Notice D: Defendant Gyeong-nam Development Corporation

B. From among the adjudication of expropriation made on May 29, 2015 by the Gyeongnam-do Regional Land Tribunal on expropriation, part 1 concerning the instant case: The date of commencement of expropriation of Plaintiff A’s Kimhae-si E and obstacles, Plaintiff B’s Kimhae-si F through G and obstacles 2: Compensation for losses on July 17, 2015: Plaintiff A107,210,500, Plaintiff B648,320,960 won: the Korea Appraisal Board and the Korea Appraisal Corporation;

C. As a result of the Central Land Tribunal’s ruling on an objection (hereinafter “instant ruling”) by December 17, 2015: (a) increase the amount of compensation for Plaintiff B to KRW 664,147,360; (b) the remainder of Plaintiff B’s objection and dismissal of Plaintiff A’s objection: The Central Land Tribunal and Sam Chang Chang Corporation (based on recognition); (c) there is no dispute; (d) evidence Nos. 1, 1, 2, 1, 5, and 6, respectively (including serial numbers; hereinafter the same shall apply); and (e) the purport of the entire pleadings.

2. In the construction work of the National Highway H(hereinafter “the neighboring case of this case”), which was implemented by the plaintiffs’ assertion Kimhae-si, the price per square meter for the greenhouse owned by the plaintiffs was calculated higher than the compensation according to the ruling of this case, and the compensation was made.

Nevertheless, without any specific grounds, the Defendants set the amount of compensation for plastic houses owned by the Plaintiffs lower than the neighboring cases of the instant case.

Therefore, Defendant Gyeongnam Development Corporation is obligated to pay the difference between the amount of compensation according to the neighboring cases of this case and the amount of compensation according to the instant judgment, and Defendant Gyeongnam Development Corporation is obligated to revoke the part of its dismissal of the application for increase among the disposition of objection made to the Plaintiffs as of December 17, 2015.

3. Determination

A. Defendant.

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