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(영문) 수원지방법원 2016.01.20 2013구합9817
수용보상금증액등
Text

1. The defendant shall pay to the plaintiff A, 597, 77, 118 won, and 141,569,262 won and each of the said money to the plaintiff A, A, and C, A.

Reasons

1. Details of ruling;

(a) Designation of an industrial complex and approval of a development plan - Business Name: D General Industrial Complex Development Project (hereinafter referred to as the “instant project”): Public notice: Gyeonggi-do Public Notice E on May 2, 2008, Gyeonggi-do Public Notice on February 26, 2010 - Business Operator: G stock company (hereinafter referred to as the “G”);

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on August 23, 2010 (hereinafter “the first ruling of expropriation”) - The Plaintiffs filed an application for the ruling of expropriation with G on January 29, 2010, and G applied for the ruling of expropriation with the Gyeonggi-do Regional Land Tribunal on April 12, 2010 (hereinafter “instant land”): Land listed in the [Attachment 1] owned by the Plaintiffs (hereinafter “instant land”): Compensation amount: The amount of compensation for loss: Plaintiff A’s clan (hereinafter “Plaintiff’s clan”): KRW 7,882,097,730 against Plaintiff’s clan (hereinafter “Plaintiff”) and KRW 1,782,042,50 against Plaintiff A’s clan: the starting date of expropriation: September 23, 2010.

G did not pay or deposit compensation by the commencement date of the first expropriation ruling, and thereby, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Pursuant to Article 42(1), the first expropriation ruling became void. (2) After that, according to the D General Industrial Complex Development Plan and the Revised Public Notice of the Implementation Plan (Public Notice of Gyeonggi-do) dated July 28, 2011, the project executor of the instant project changed from G to that of private joint development from private development to private joint development.

The ruling of acceptance by the local Land Tribunal of Gyeonggi-do on July 24, 2012 (hereinafter referred to as "the ruling of acceptance by the local Land Tribunal of Gyeonggi-do").

- The defendant applied for adjudication of expropriation to the local Land Tribunal of Gyeonggi-do on January 30, 2012 - Compensation amount for losses for the land of this case: 8,682,001,006 won for the plaintiff's clans, and 2,056,125,000 won for the plaintiff's clans, which became null and void for the first expropriation adjudication, and thus, the amount equivalent to the delayed surcharge under Article 30 (3) of the Land Compensation Act suffered by the plaintiffs.

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