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(영문) 의정부지방법원 2016.11.29 2015구합8416
보상금증액
Text

1. The Defendant’s KRW 340,171,468 as well as the Plaintiff’s annual rate from June 17, 2015 to November 29, 2016.

Reasons

1. Details of ruling;

(a) Project approval and public notice 1): B project name (C; hereinafter “instant project”);

(2) Notice: D 3 project operators announced by the Ministry of Land, Transport and Maritime Affairs on June 5, 2012: Defendant

B. Subject to expropriation by the Central Land Tribunal on April 23, 2015: The land to be expropriated shall be 2,925 square meters of land for E in Gyeyang-si owned by the Plaintiff, and 834 square meters of land for F land (hereinafter “each land of this case”).

(2) Expropriation compensation: 1,727,636,40 won in aggregate of compensation for each of the instant lands, and 921,162,400 won in aggregate of compensation for obstacles (the details of the compensation are as stated in the attached Table 2; hereinafter the same shall apply) 3: An appraisal corporation: two appraisal corporations, a stock company, a stock company, and a first appraisal corporation (hereinafter referred to as “adjudication appraiser”), and the result of the appraisal shall be referred to as “adjudication”.

4) The date of commencement of expropriation: June 16, 2015; assertion and determination on June 2, 2015

A. In the Plaintiff’s assertion acceptance ruling, ① compensation for losses for each of the instant lands, ② compensation for losses for the obstacles indicated in the separate sheet No. 2, which exist on each of the instant lands (hereinafter “each of the instant obstacles”), and ③ assessment of business losses arising from the transfer of 660 square meters on each of the instant lands (hereinafter “instant factories”), the Defendant is obligated to pay reasonable compensation for losses to the Plaintiff, and ④ payment of relocation expenses and resettlement allowances of KRW 15,637,060 to the Plaintiff.

(b) Attached Form 1 of relevant Acts and subordinate statutes;

C. In a case where each of the instant land expropriation committees rendered a price appraisal to two officially-authorized appraisal agencies to determine compensation for the land to be expropriated, and determined the compensation amount according to the result thereof, such calculation shall be deemed reasonable, barring special circumstances. Even if there were errors in the method of calculating the compensation amount by the said appraisal agencies, such method of assessment is not so excessively evaluated compared with the adequate method of assessment.

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