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(영문) 춘천지방법원 강릉지원 2018.01.25 2017구합78
손실보상금 등
Text

1. The portion of the instant lawsuit claiming compensation for farming loss shall be dismissed.

2. The defendant shall pay 5,645,000 won to the plaintiff and this shall apply.

Reasons

1. Details of ruling;

(a) project approval and public notice - General Industrial Complex Project (B) - Gangwon-do public notice C on October 14, 2013, Gangwon-do public notice D on December 17, 2014, and Gangwon-do public notice E on April 15, 2016 - Project operator E on April 15, 2016: Defendant

B. The Gangwon-do Local Land Tribunal’s ruling of expropriation on July 29, 2016 (hereinafter “instant adjudication of expropriation”): Land owned by the Plaintiff (hereinafter “instant land”) and goods (hereinafter “instant obstacles”) indicated in the column for “land subject to expropriation” listed in the separate sheet as indicated in the separate sheet (hereinafter “instant land”) - Compensation for losses (hereinafter “instant land and obstacles”): The amount of adjudication of expropriation” listed in the separate sheet as indicated in the corresponding sheet.

- Commencement date of expropriation: An appraisal corporation on August 29, 2016 - An appraisal corporation: An appraisal corporation on August 29, 201

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated March 23, 2017 - Compensation: The same as the adjudication on expropriation (Dismissal of the Plaintiff’s objection): An appraisal corporation: the Uniform Appraisal Corporation; the country’s appraisal corporations; and the foreign appraisal corporations: As to the Plaintiff’s assertion on compensation for farming losses, “if a project operator proves farming facts, etc. after confirming the facts, the project operator plans to compensate, and shall have the project operator take measures, but if an application for adjudication is filed later due to the lack of consultation between the parties, it shall be dealt with.”

D. Results of the appraiser F’s appraisal (hereinafter “court appraisal”) - Contents of appraisal (1) The land of this case is as indicated in the separate sheet “court appraisal” as stated in the separate sheet.

(2) Obstructions of this case: The ground for exclusion from the evaluation is not known as of the date of on-site investigation; the fact that there is no dispute with Gap's evidence Nos. 1 and 2; the result of appraiser F's appraisal; the result of the order to submit documents to the defendant; the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion 1 of this case is the acceptance ruling of this case.

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