logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.08.25 2015누56375
손실보상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Pakistan 3 Area 1 (hereinafter referred to as “instant project”): The defendant, who is publicly notified by the Ministry of Land, Transport and Maritime Affairs No. 2008-830 ( December 31, 2008), 2012-172 ( April 5, 2012), and 2012-929 ( December 24, 2012):

B. The Central Land Tribunal’s ruling on expropriation on May 23, 2013 - Subject matter of expropriation: The respective obstacles indicated in the 141-9 large-scale 141-9 large 2,504 square meters (hereinafter “instant land”) and the list of obstacles in the attached sheet owned by the Plaintiff (hereinafter “instant obstacles”): The amount of compensation for losses: The same shall apply to the amount indicated in the attached sheet “(i) amount of adjudication on expropriation.”

- The date of commencement of expropriation: July 16, 2013 - Appraisal Corporation: Scenic Corporation; Korean Appraisal Corporation;

C. The Central Land Tribunal’s ruling on an objection on April 17, 2014 - Compensation amount: The details of compensation amount in attached Form B are as indicated in the corresponding amount.

- An appraisal business entity: Adod appraisal corporation and central appraisal corporation;

D. The result of the court of first instance’s entrustment of market price appraisal and complementary appraisal to A - Compensation amount: The details of compensation in the attached Form No. 3 is the same as the amount indicated in the column of “third court appraisal”

[Reasons for Recognition] In the absence of dispute, entry of Gap 1 through 4, Eul 1 through 4 (including each number; hereinafter the same shall apply), the market price appraisal and supplementary appraisal of Gap by the court of first instance, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant land was not incorporated into the instant project would clearly change the specific use area to “a planned management area,” and thus, the amount of compensation for losses should be assessed on the premise of change in such specific use area. The amount of compensation for losses for the instant obstacles was unfairly underassessment.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination of this case’s land use area is assessed.

arrow