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(영문) 창원지방법원 2020.12.23 2020구단10761
손실보상금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

The project approval and public announcement of the instant decision - the project approval and public announcement of the project: The head of the Busan Regional Construction and Management Administration - the project operator: The project approval and public announcement of the project approval: The project approval: The project operator: the head of the Busan Regional Construction and Management Administration - the project approval: the public announcement of the project approval: the adjudication of expropriation made on October 18, 2019 by the D Central Land Expropriation Committee published on December 18, 2017, and the adjudication made on January 30, 2020 - the plaintiffs share one half shares on June 8, 2017 - the remaining land of E, 742 square meters (hereinafter referred to as “the remaining land of this case”) before the remainder of E, excluding the 1334 square meters from June 8, 2017, which was divided and incorporated into the instant project, for the reasons that the remaining land of this case can be used as the previous purpose, and there is no value decline, and all of the above claims are deemed to be incorporated into the instant land and the remaining land of this case.

[Grounds for recognition] In light of the facts without dispute, Gap's evidence Nos. 1 through 6 (including provisional number), Eul's statement Nos. 1 through 4, the argument of the purport of the whole pleadings, and the plaintiffs' assertion of the judgment, the remaining land of this case was impossible to be used for the previous purpose and caused losses to fall in value, considering the size and form of the land actually usable as part of the remaining land of this case was included in the clearance zone, etc., and thus, the remaining land of this case was first claimed for expropriation of the remaining land and sought compensation for losses

According to Article 74 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act"), if it is substantially difficult to use the remaining land for its original purpose due to the purchase or expropriation of part of a group of land belonging to the same owner through consultation.

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