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(영문) 서울행정법원 2016.04.29 2015구합51767
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Business title - The outline of the road project site reservation project - Public notice: The defendant: C on August 20, 2009, public notice by the Ministry of Land, Transport and Maritime Affairs - the implementer:

B. Adjudication of expropriation by the Central Land Expropriation Committee - The date of expropriation - The land subject to expropriation 2,677 square meters (hereinafter “instant land”): The date of expropriation - Compensation for losses on January 13, 2015: 624,54,100 won (unit price 233,000/m2): The right to request the purchase of remaining land: The right to request purchase of the E- Miscellaneous land (hereinafter “the instant remaining land”) and its appurtenant buildings (hereinafter “the instant building”) at the time of Pakistan owned by the Plaintiff, shall be dismissed [based] there is no dispute between Gap, Gap, 1, 2, and 8 (including household numbers; hereinafter the same shall apply) and all pleadings.

2. The plaintiff's assertion has used the entire land and remaining land of this case as a garage, and the remaining land of this case cannot be used as a garage any longer as the land of this case was expropriated. Thus, the defendant must purchase the remaining land and buildings of this case pursuant to Article 74 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").

Therefore, the Defendant is obligated to pay to the Plaintiff the value of the remaining land of this case (=23,000 square meters x 1,077 square meters) and the value of the instant building based on appraisal (13,832,000 square meters) and damages for delay on each of the said money.

3. Article 74(1) of the Land Compensation Act provides that "If it is substantially difficult to use the remaining land for its original purpose because part of a group of land belonging to the same owner is expropriated, the owner of the land may request the project operator to purchase the remaining land," and "the first purpose here means the specific use of the remaining land actually being used at the time of the decision of expropriation," and "if it is substantially difficult to use the remaining land".

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