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(영문) 수원지방법원 2015.08.12 2013구합14062
손실보상금
Text

1. The Defendant’s KRW 83,691,100 as well as annual 5% from April 18, 2013 to August 12, 2015 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name - Project name - Public notice of the Bogeumjari Housing District Development Project (B): Defendant: C public notice of the Ministry of Land, Transport and Maritime Affairs on December 3, 2009, D public notice of the same section on April 27, 2010, E public notice of the same section on April 17, 2012;

(b) The Central Land Tribunal’s ruling of expropriation by February 22, 2013 - subject to expropriation by the Central Land Tribunal on February 22, 2013: ① F 330 square meters; ② G farm site 397 square meters; ③ H farm site 330 square meters; ④ 15 square meters; ⑤ 707 square meters before JJ road (hereinafter “each of the of the of the of the of the instant lands”): The starting date of expropriation: 1,186,184,90 won in total - An appraisal corporation and a foreign appraisal corporation;

C. The Central Land Tribunal’s ruling on August 22, 2013 - The content of the ruling: Dismissal of an objection - An appraisal corporation: Sam Chang Chang appraisal corporation and the Korea Appraisal Board (including an appraiser for the ruling on expropriation) / without any dispute about the ground for recognition, Gap’s statements in subparagraphs 1 through 4, and Eul’s statements in subparagraphs 1 through 4 (including each number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. Details of the appraisal; and

A. The present status of each land of this case is as shown in the annexed Form No. 1 and the annexed Form No. 2, and as shown in F and G land (attached Form No. 3 excluding c. 3 and 2). The factory building is located on the H land; the office building is located on the H land; the J land between the above buildings is used as the parking lot site; and the part without the above building among each land of this case is packed in concrete form.

On the other hand, each land of this case is adjacent to the official map located on the left side of the drawing, and I and K's road site abutting on the right side of each land of this case are practically unable to function as roads due to the cultivation of neighboring farmers without permission.

B. As a result of the appraisal of adjudication, the adjudication appraiser shall evaluate the total area of 117 square meters in addition to the respective “three-dimensional” areas indicated in the attached Form No. 3 among G and J as “actual private road.”

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