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(영문) 서울행정법원 2021.01.12 2018구단52306
손실보상금
Text

1. Defendant C Co., Ltd.: (a) KRW 12,36,750 for each of the Plaintiffs and 5% per annum from April 15, 2017 to January 12, 2021.

Reasons

1. Details of ruling;

(a) Name of the business recognition and public notice: Approval and public notice of the business plan of M Development Project (hereinafter “instant project”): N on November 6, 2014 through O on December 12, 2017 of Kimhae-si;

E. On December 3, 2015, a business operator: (a) was changed to Defendant D, E, F (P), G, H, I (R), J (S), K, and L Co., Ltd. (hereinafter “instant eight companies”), and (b) was changed to Defendant C on November 24, 2016.

B. On July 26, 2016, the Plaintiff filed a petition for adjudication under Article 30 of the Act on Acquisition of and Compensation for Land, etc. for Public Works and the Compensation for Land (hereinafter “Land Compensation Act”) with Defendant D, etc. on April 21, 2016, as the owner of land, etc. within the instant project zone, etc., and Defendant D, etc. filed a petition for adjudication with the Land Expropriation Committee located within the Gyeong-do District within 60 days thereafter.

On July 26, 2016, the Land Expropriation Committee established the commencement date of expropriation on September 19, 2016 and made the first adjudication on expropriation (hereinafter “the first adjudication”). However, Defendant D et al. did not pay or deposit the compensation for losses to the Plaintiffs by the commencement date of the above expropriation, and the first adjudication became effective pursuant to Article 42 of the Land Compensation Act.

(c)

On February 21, 2017, Defendant D et al. filed an application for a new ruling with the Land Expropriation Committee in Gyeong-do on September 22, 2016. On February 21, 2017, the Land Expropriation Committee in Gyeong-do decided on February 21, 2017 on the commencement date of expropriation (hereinafter “the second ruling”) on April 14, 2017.

The subject of expropriation: The following land and obstacles owned by the plaintiffs each 1/2 share - 46 square meters prior to Kimhae-si, V 274 square meters prior to W, 68 square meters prior to W, X 19016 square meters of forest land and 19017 square meters of forest land in X 19016 square meters on March 30, 2016 and X 19016 square meters of forest land.

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