logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.06.13 2018구합2648
손실보상금
Text

1. The Defendant’s KRW 5,018,80 for the Plaintiff and its related KRW 5% per annum from September 6, 2017 to June 13, 2019.

Reasons

1. Details of ruling;

(a) Business name: A public housing project (B; hereinafter referred to as the “instant project”); - A project implementer: Defendant.

- Notice of Implementation Plan: Notice of the Ministry of Land, Infrastructure and Transport on January 12, 2015

C. B.

The Central Land Tribunal’s ruling of expropriation on July 13, 2017 - The date of commencement of expropriation: September 5, 2017 - The area subject to expropriation: 5,332 square meters (hereinafter “instant land”) and E/40 square meters of forest land (hereinafter “second-party land”) before Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and Seo-gu (hereinafter “instant land”) - The amount of compensation for expropriation: KRW 438,880,00 (=the amount of compensation of KRW 426,560,00 of the instant land No. 1)

C. The Central Land Tribunal’s ruling on an objection made on March 22, 2018 - The content of the ruling: Dismissal. It is determined that compensation for each land of this case as determined by the ruling on expropriation is appropriate.

The plaintiff's reservation of the objection - The plaintiff reserved the objection - the plaintiff received the total of KRW 438,880,000 for each of the lands of this case decided in the adjudication of expropriation. [Grounds for recognition] The plaintiff did not dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 4 (including those with serial numbers) and the purport of the whole pleadings.

2. The plaintiff's assertion

A. In light of the “other factors” among the elements for calculation of compensation, the instant expropriation and its appraisal appraiser determined that only the case of transactions with low unit price per square meter was classified and taken into account, and that only the case of transactions with low unit price per square meter was determined, on the ground that the area presented as the case of transactions and the area where each of the instant land is located are different from the administrative district, the land expropriation compensation determined by the adjudication of expropriation cannot be deemed a justifiable compensation for each of the instant land.

B. Therefore, the Defendant is liable to pay to the Plaintiff KRW 5,118,800 and delay damages for the difference between the reasonable amount of compensation for each of the instant lands and the amount of compensation determined by the adjudication on expropriation.

3. Determination

A. The court of this case is the plaintiff's appraisal.

arrow