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(영문) 울산지방법원 2017.02.09 2016구합111
토지수용 손실보상금 증액 청구
Text

1. The portion of the claim for compensation due to the use of the instant lawsuit without permission shall be dismissed.

2. The defendant 12.2

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: River project (B ecological river construction project, secondary) - Public notice of a project implementation plan: C public notice of Ulsan Metropolitan City on October 4, 2012, Ulsan Metropolitan City public notice D- Project operator of Ulsan Metropolitan City on January 16, 2014

(b) The Central Land Tribunal’s ruling of expropriation on May 21, 2015 (hereinafter “adjudication of expropriation”): Each land listed in the attached Form (hereinafter individually referred to as “each land of this case”) - The date of commencement of expropriation: Compensation for losses on July 14, 2015 - Compensation for losses: 37,692,950 won:

C. The Central Land Tribunal’s ruling on an objection (hereinafter “adjudication on an objection”) dated December 17, 2015 - Compensation for losses: KRW 73,898,650 [based on recognition]; entries in Gap’s evidence 1; Eul’s evidence 4 (including each number; hereinafter the same shall apply); and the purport of the entire pleadings

2. Of the instant lawsuit, the Plaintiff: (a) from January 1, 2007, the Defendant used the land from January 1, 2007 to E for removal; and (b) since January 1, 199, the Plaintiff used the land from January 4, 199 to the road; (c) the Defendant asserts that the Plaintiff is liable to pay compensation for losses due to the use of the land from January 3 to 5 without permission; (b) ex officio, Article 76(1) of the River Act provides that “When there is a person who suffers losses due to the disposition or restriction under Article 75 of the River Act, or if there is a person who suffers losses due to the river works executed by the river management agency or the construction works conducted by the Minister of Land, Infrastructure and Transport, the disposal or construction works performed by the Minister of Land, Infrastructure and Transport must compensate for such losses in the relevant City/Do.” (d) of the same Act, except for the compensation for losses under paragraphs (1) through (3) of the same Article.

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