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(영문) 부산고등법원 2017.01.13 2016누22148
수용보상액증액청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of ruling;

(a) Business Approval and Public Notice - B Housing Redevelopment Improvement Project (FF C Day in Busan Metropolitan City) - Project Implementation Plan approved in the above Public Notice D (hereinafter referred to as the "Initial Project Implementation Plan"), E on June 1, 2011, and F of the same Public Notice (hereinafter referred to as the "Revised Public Notice") on October 24, 2012 - Project Implementation Plan changed in the above Public Notice: Defendant

B. Adjudication on expropriation by the local Land Expropriation Committee of Busan Metropolitan City: The land and obstacles owned by the plaintiff within the rearrangement project zone shall be as indicated in the attached Table “subject to expropriation” column.

- Commencement date of expropriation: December 8, 2014

Details of adjudication by the Central Land Tribunal - The amount of adjudication shall be as shown in the “amount of adjudication by objection” in the attached Table.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and recognition

A. In calculating the Plaintiff’s alleged expropriation compensation, the “standard land price” should be the officially announced price at the nearest point of the basic date prior to the public notice of authorization for implementation of redevelopment project of this case. The “officially announced land price” should be the officially announced price at the time of the public notice of authorization for implementation of redevelopment project of this case. Since the first implementation plan is invalid as a matter of course or since the authorization for implementation of a project was made on October 19, 2012 thereafter, it shall not be deemed that January 1, 2007 near August 22, 2007, the date of public notice of authorization for implementation of the first implementation plan was the officially announced price at the time of the public notice of authorization for implementation of a project. The date of public notice of authorization for implementation of a project, which is close to October 24, 2012, the date of public notice of authorization for implementation of a project

However, in the instant objection ruling, since the appraisal was conducted based on the officially announced land price as of January 1, 2007, the said appraisal was unlawful.

Therefore, on January 1, 2012, the Plaintiff made an appraisal by the court of the first instance, which was assessed based on the officially announced land price as of January 1, 2012, and the Central Land Expropriation Committee

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