logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.07 2014구합60772
토지보상금등
Text

1. Of the instant lawsuit, each of the claims for compensation for farming losses, the part claiming the expenses incurred in clearing land, and the part claiming compensation for the remaining land.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project name: A public notice of project approval and public notice of B-based ecological river restoration project: A public notice of Ansan-si on December 27, 2012, and D-3 project operator of Ansan-si on February 25, 2014: the Defendant;

B. Objects to be expropriated by the Gyeonggi-do Regional Land Tribunal on April 14, 2014: Each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each land of this case”).

(2) Expropriation compensation: 166,662,00 won on the date of commencement of expropriation: May 29, 2014.

Compensation for expropriation of an objection made by the Central Land Tribunal on September 25, 2014: 167,853,800 won

2. The plaintiff's assertion

A. An appraisal of the objection for the instant compensation did not properly reflect the real transaction price and the characteristics of the land, such as the actual transaction price, and evaluated relatively low.

The defendant shall pay additional KRW 19,178,200 according to the court appraisal that reflects the above circumstances.

B. Since each of the instant land was damaged by not being farming for two years from 2013, a construction period for construction period for the land of this case, the compensation for losses amounting to 4 million won in the amount of compensation for farming losses for two years.

C. Since construction works on each of the instant lands could not use land E, F, G, and H located in Ansan-si, the remaining farmland, as a result of the construction works on each of the instant lands, 5.8 million won shall be compensated for the remaining farmland for a period of two years.

The total area of 1,954 square meters in Ansan-si, Ansan-si, I, J, and K was a river site, and the plaintiff has developed it while occupying it with permission for occupation and use, so the expenses incurred in clearing shall be compensated for KRW 3.9 million.

E. The Defendant, by piling up the soil on each of the instant lands, laid down a 4,161 square meters of remaining land after expropriation, which resulted in a decline in the value of the property of the land permanently, and the part filled out was able to be used as farmland such as the previous farmland, only if the retirement cost was paid.

Therefore, the farmland cost of KRW 37.8 million and the filled-up part of the value of the land.

arrow