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(영문) 수원지방법원 2015.11.03 2015구합64337
손실보상금
Text

1. The Defendant’s KRW 67,579,650 for the Plaintiff and its related KRW 5% per annum from April 22, 2015 to November 3, 2015.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Public housing project (B): Public housing project approval - Public housing project approval: Defendant: C publicly notified by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010, D publicly notified by the Ministry of Land, Transport and Maritime Affairs on October 14, 2014

(b) The Central Land Expropriation Committee’s ruling on expropriation on February 26, 2015 - subject to expropriation: E, E, 3,051 square meters (hereinafter “instant land”): 1,424,054,250 square meters (hereinafter “instant land”): The date of commencement of expropriation: the Korea Land Appraisal Corporation, a stock company, a stock company, and the Korea Land Appraisal Corporation: - The Korea Land Appraisal Corporation on April 21, 2015

C. The result of the appraisal entrustment to the appraiser F of this Court (hereinafter “court appraisal”) - The appraiser selected the same size of 675 square meters before G in the Hanam-si as the standard land comparison of the instant land, and assessed the compensation for losses of the instant land as KRW 1,491,63,900 through comparison of time revision, regional factors, individual factors, and other factors.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the result of the appraisal commission to appraiser F by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The amount of compensation in the adjudication on expropriation of the land of this case claimed by the plaintiff is too underassessment because it failed to properly reflect the actual situation of land utilization, so compensation should be increased.

B. According to Article 70(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the amount of compensation for land shall be calculated by taking into account the real situation at the time of the price and the objective situation by the general method of use, but it shall not be considered in cases where it is premised on temporary use, subjective value of land owners or persons concerned, and the use for special purposes.

In addition, in lawsuits concerning the increase and decrease of land expropriation compensation, it has become the basis for the ruling.

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