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(영문) 대전지방법원 2020.12.24 2020구단101173
수용재결취소
Text

On September 26, 2019, the part concerning the obstacles indicated in the attached list among the ruling of objection made by the defendant against the plaintiff on September 26.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business Name B (hereinafter “instant project”): Project operator: Korea Land and Housing Corporation - Public notice C public notice of May 2, 2017

B. Defendant’s adjudication of expropriation on March 14, 2019 (hereinafter “adjudication of expropriation”): D, 237 square meters (hereinafter “instant land”) and obstacles to the entry in the attached list, such as buildings, trees thereon, etc. (hereinafter “in this case”) in the Gyeong-si, Gyeong-si, Chungcheongnam-do, the Plaintiff-do (hereinafter “instant obstacles”). - From the starting date of expropriation: May 8, 2019: - Expropriation compensation amounting to KRW 115,490,100 (unit price of KRW 487,300) for the instant land: 127,932,490 for the instant obstacles

C. Defendant’s objection ruling on September 26, 2019 (hereinafter “Objection ruling”) - Plaintiff’s ground for objection: (a) reserved and received the amount of compensation for expropriation; (b) the reason for objection was that ① the actual size of the house among the obstacles in the instant case was 115.19 square meters, and was erroneously set at 100.22 square meters, and ② the compensation for the land and obstacles in the instant case was argued to be insufficient.

- Summary of adjudication: The plaintiff's grounds for filing an objection are only asserted as to the increase of compensation, and the plaintiff's objection was dismissed.

The Defendant’s decision of correction on October 24, 2019 (hereinafter “decision of correction”): The order of correction of KRW 243,422,590 among the Plaintiff’s ruling of correction: KRW 256,871,40 shall be corrected to KRW 256,871,40.

- The summary of the adjudication: At the time of the adjudication of expropriation, the Plaintiff’s house size is calculated as 100.22 square meters, but at the time of the adjudication of expropriation, the actual area is confirmed as 118.7 square meters, and the difference is 18.48 square meters, and only the compensation is applied to the adjudication of expropriation while compensating for an additional amount of 18.48 square meters, but it is confirmed that there was an error in calculating the compensation that is applied to the compensation of expropriation, and thus, the amount of compensation 243,422

- Compensation for expropriation: 111,058,200 won for the instant land (unit price of KRW 468,600) is the fact that there is no dispute over KRW 145,813,200 for the instant obstacles (based on recognition), each entry in Gap evidence Nos. 1 through 3, and arguments.

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