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(영문) 수원지방법원 2015.11.26 2014구합57349
손실보상금
Text

1. The Defendant’s KRW 1,528,417,250 for the Plaintiff and KRW 5% per annum from December 18, 2013 to November 26, 2015.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Housing site development project: - Public notice: F-project operator announced by the Ministry of Land, Transport and Maritime Affairs on April 24, 2012, publicly notified by the Ministry of Land, Transport and Maritime Affairs on June 28, 2007, C public notice of the Ministry of Construction and Transportation on December 31, 2008, as publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 24, 2012;

(b) The Central Land Tribunal’s ruling on expropriation on October 24, 2013 - The objects of expropriation are as shown in the list of real estate in attached Form 1.

(hereinafter referred to as “each land of this case” and, when referring to individual land, only the parcel number is specified, hereinafter referred to as “instant land”). - The starting date of expropriation: December 17, 2013.

Adjudication by the Central Land Tribunal on July 17, 2014 - Compensation amount: The amount of compensation for losses shall be as specified in the “amount of the result of the adjudication” in the attached Table 2.

- An appraisal corporation: two appraisal corporations in the dispute resolution plan, one appraisal corporation in the dispute resolution plan (based on recognition), one appraisal corporation in the absence of dispute, Gap's 1 to 4, Eul's 1 to 5 (including branch numbers; hereinafter the same shall apply) respectively, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that each land of this case is not included in the instant project is clearly changed to the planned management area, and thus, compensation for losses for each land of this case should be calculated on the premise that it is the planned management area.

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

C. 1) Determination 1) Article 67(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that the amount of compensation shall be calculated based on the price at the time of the adjudication of expropriation. Article 70(2) of the Land Compensation Act provides that the amount of compensation for land shall be calculated based on the price at the time of the adjudication of expropriation, and the amount of compensation for land shall be calculated based on the actual situation at the time of the price and the objective situation of the general method of use.

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