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(영문) 인천지방법원 2018.08.31 2017구합53297
손실보상금증액
Text

1. The defendant's KRW 19,006,930 for each of the plaintiffs and 5% per annum from January 26, 2017 to August 31, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Bupyeong-gu Incheon Metropolitan City D D (hereinafter “instant rearrangement project zone”), and the Plaintiffs are the owners of each land and obstacles listed in the separate sheet located within the instant rearrangement project zone (hereinafter “instant land Nos. 1, 2 and 1, and 2”).

B. On August 25, 201, the Defendant obtained approval from the head of Bupyeong-gu Incheon Metropolitan City from the head of Bupyeong-gu to the project implementation plan for the instant improvement project, and was publicly notified as the notification E of Bupyeong-gu Incheon Metropolitan City Office on August 20, 201, and was publicly notified as G on September 22, 2015 after obtaining approval for the change of each project implementation plan.

C. On December 1, 2016, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on the date of commencement of expropriation on January 25, 2017 (hereinafter “instant adjudication of expropriation”) with respect to the land Nos. 1, 2, and 1, and 2 copies of the instant case. The details of the compensation for losses determined by the adjudication of expropriation of the instant case are as follows.

1) Plaintiff A’s compensation for land loss: KRW 441,02,30: Compensation for land loss in the Chapter I of this case: KRW 376,586,930: KRW 2) Plaintiff B’s compensation for land loss in the Chapter II of this case: KRW 441,002,30: KRW 70,898,80

D. On July 20, 2017, the Central Land Tribunal filed an objection by asserting that the instant adjudication on expropriation was improper, and the Central Land Tribunal rendered the said adjudication (hereinafter “instant adjudication”). The details of the compensation for losses set forth in the instant adjudication are as follows.

1) Plaintiff A’s compensation for land loss: KRW 401,347,730 for land loss in the Chapter I of this case: KRW 401,347,730 for land loss in the Chapter II of this case: KRW 459,853,070 for land loss in the Chapter II of this case: KRW 74,515,610 for land loss in the Chapter II of this case

E. The Plaintiffs asserted that the instant objection was improper.

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