logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.20 2016누51391
수용보상금증액등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Details of ruling;

(a) Designation of an industrial complex and approval of a development plan for the industrial complex - Business name: C General Industrial Complex Development Project (hereinafter referred to as the “instant project”): Public notice: D/ Gyeonggi-do public notice on May 2, 2008, and Gyeonggi-do public notice on February 26, 2010 - Business operator E: F Co., Ltd. (hereinafter referred to as “F”);

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on August 23, 2010 (hereinafter “the first ruling of expropriation”) - The Plaintiff requested F to file an application for the ruling of expropriation on February 11, 2010, and on April 12, 2010, F made an application for the ruling of expropriation to the Local Land Tribunal of Gyeonggi-do (hereinafter “instant land”): Pyeongtaek-si, G, H, and I land owned by the Plaintiff (hereinafter “instant land”): The amount of compensation for losses for the instant land: 1,086,08,00 won - the date of commencement of expropriation: September 23, 2010.

Article 42(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act") has not paid or deposited compensation by the beginning date of expropriation of the first expropriation decision and the amendment of the development plan implementation plan.

(2) On July 28, 2011, the project executor of the instant project changed the Defendant and the method of development from F to public-private partnership development in accordance with the revised public notice of the C General Industrial Complex Development Plan and the implementation plan (the Gyeonggi-do public noticeJ).

The ruling of expropriation made on July 24, 2012 by the Gyeonggi-do Local Land Tribunal (hereinafter “instant adjudication of expropriation”) - The defendant shall dismiss the application for adjudication of expropriation to the Gyeonggi-do Local Land Tribunal on January 30, 2012 - The amount of compensation for losses for the instant land: 1,255,930,000 won - The first adjudication of expropriation becomes null and void - the application for adjudication to compensate for losses equivalent to the additional charges for delay under Article 30(3) of the Land Compensation Act suffered by the plaintiff due to the loss of the first adjudication of expropriation - The date of commencement of expropriation - the appraisal corporation on September 21, 2012: the appraisal corporation, the Pacific Land Appraisal Corporation

arrow