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(영문) 수원지방법원 2019.01.24 2017구합71131
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. The Defendant is a project implementer of a C Urban Development Project (hereinafter “instant project”), and the Plaintiff is the owner of 398m2 (hereinafter “the instant forest”) of Doang-si, Guang-si, the part of which was incorporated into the instant project.

B. On January 14, 2013, among the instant forest land, 2981 square meters (hereinafter “instant incorporated land”) were incorporated into the instant project after being divided into the said E. As such, 107 square meters out of the instant forest land (hereinafter “instant remaining land”) existed.

(Supplementary land in the annexed forestry map is the remaining land in this case, and the lower part is the incorporated land).

The remaining land in this case is a natural green belt, and the natural forest is the natural forest, and the area reaches 25.3% of the forest land in this case.

On September 25, 2017, the Gyeonggi-do Local Land Tribunal dismissed the Plaintiff’s claim for compensation for losses caused by decline in the value of the remaining land on the ground that it is difficult to view the value of the remaining land in this case.

E. The appraiser F selected by the court of this case compared before and after the transfer of the incorporated land to the project of this case, the value decline of the remaining land of this case was assessed as zero won.

(hereinafter referred to as “court appraisal”). [Ground for recognition] The fact that there is no dispute, entry of Gap evidence 1, 4, and 6, the result of appraiser F’s court appraisal, the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. Although the land category of the instant forest is forest, it has been partially reclaimed since 1961 and has been used as farmland.

As the entire portion used as farmland was expropriated in the project of this case, the remaining part of this case, which had been a forest land, remains, and the remaining part of this case cannot be used as farmland, the shape as a steep slope is poor, and the traffic was cut down due to the project of this case, making it impossible to enter.

As a result, this case remains.

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