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(영문) 수원지방법원 2017.10.24 2016구합67616
손실보상금
Text

1. The Defendant’s KRW 8,500,000 as well as annual 5% from December 18, 2015 to October 24, 2017 to the Plaintiff.

Reasons

1. Details of the disposition;

(a) Project approval and public notice - Project approval and public notice - Project name: The defendant for the Hanam City Urban Planning Facility Project (B development project; hereinafter referred to as the “instant project”): Public notice C of the Hanam City on October 8, 2014 - Project operator:

B. The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on November 2, 2015 (hereinafter “instant ruling of expropriation”): The content of adjudication: The Plaintiff’s assertion that the instant land was evaluated at a price equivalent to the cancellation of a development restriction zone, which was owned by the Plaintiff (hereinafter “instant land”): As to the Plaintiff’s assertion that the instant land was changed at a price equivalent to that of the cancellation of a development restriction zone, it was designated as “the urban planning draft (the collective cancellation and alteration can be made) during the urban planning draft” on July 25, 2005, but it was rejected on the ground that the development restriction zone was not cancelled at the time of the public announcement of the project approval of the instant case, but the compensation amount was not dismissed on the ground that the development restriction zone was not cancelled at the time of the public announcement of the public announcement of the project approval: 418,000,000 won - the date of expropriation: December 17, 2015;

C. The Central Land Tribunal’s ruling on an objection (hereinafter “instant ruling”) dated August 25, 2016 - With respect to the Plaintiff’s assertion that the instant land is evaluated as a development restriction zone released: The content of the ruling: (a) as to the Plaintiff’s assertion that the instant land is evaluated as a development restriction zone released; (b) it was examined as a subject of collective cancellation with respect to E, which is the parcel number prior to the division of the instant land; (c) however, it was rejected on the ground that there was no fact that the instant land was released from the development restriction zone until the date of the public announcement of the project approval; (d) compensation amount: KRW 450,10,00 - An appraisal corporation: A certified public appraisal corporation, Inc., a stock company, and a dialogue appraisal corporation; (d) there was no dispute, and (e) the entire purport of

2. The assertion and judgment

A. The result of the appraiser F’s appraisal of the market price of the instant land on the Plaintiff’s assertion (hereinafter “court appraisal”) is based on the actual market price in neighboring areas and the compensation precedents.

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