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(영문) 부산지방법원 2019.01.18 2018구합723
토지수용재결처분취소
Text

1. The defendant shall pay 984,000 won to the plaintiff and 15% per annum from January 19, 2019 to the date of complete payment.

Reasons

The summary of the project: B - The defendant - the project implementer: the expropriation ruling on February 12, 2018 at the local Land Tribunal of Busan Metropolitan City, Busan Metropolitan City on May 31, 2017 - the total amount of 251 shares listed in attached Table 1 (hereinafter “each item of this case”) owned by the plaintiff in the project area (hereinafter “each item of this case”): 35,316,000 won (generally, each item of this case is assessed as transplant costs in consideration of species, receipt, growth conditions, possibility of transplantation and degree of difficulty, etc., and the calculation date of the vehicle and equipment required for transplant - the project implementer is assessed as a comprehensive consideration of the fee for the use of the vehicle and equipment required for transplantation, the large amount of loss caused by transplantation, and other incidental expenses: the expropriation ruling on May 31, 2017 - the expropriation ruling on February 12, 2018 - the appraisal price of each of the appraisal items of this case - the appraisal appraisal results of the D and appraisal appraisal court of this case - 10.70

Despite the landscape trees that have been comprehensively cultivated at a landscape farm, the appraisal of expropriation and the court appraisal of each item of this case were assessed as a simple standing timber, and the compensation amount was assessed as an unfair low price.

Attached Form 2 of the relevant statutes shall be as specified in the relevant statutes.

Judgment

Article 75 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter referred to as the "Land Compensation Act") shall be compensated in the amount of expenses incurred in the transfer of buildings, standing trees, structures, and other goods fixed on the land (hereinafter referred to as "transfer expenses") under paragraph (1).

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