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(영문) 인천지방법원 2010.07.15 2008구합2822
토지보상금증액
Text

1. The defendant's KRW 7,842,922,90 for the plaintiff and 5% per annum from December 14, 2007 to July 15, 2010 for the plaintiff.

Reasons

1. Details of confinement;

(a) Recognition and Public Notice of the Project - Housing Site Development Project (B district (Thirdj) - Public Notice C of the Ministry of Construction and Transportation on December 13, 2006

(b) Project operator: Defendant;

C. The Central Land Tribunal’s ruling on expropriation on October 25, 2007 - Land subject to expropriation: Land listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant lands”): 73,248,61,460 won - The starting date of expropriation: December 13, 2007

Contents of adjudication by the Central Land Tribunal on May 22, 2008 - Contents of adjudication: Increase of compensation for losses to KRW 74,309,087,010 - An appraisal corporation: The Korea Appraisal Board and the Korea Appraisal Board (hereinafter referred to as the "Appraisal Board"; hereinafter referred to as the "Adjudication Appraisal Board") and the Korea Appraisal Board Co., Ltd. (hereinafter referred to as the "Adjudication Appraisal Board") [based on recognition] without dispute, entry in Gap Nos. 1, 7 and 12 (including a provisional number; hereinafter the same shall apply), and the purport of the entire pleadings

2. Judgment on the plaintiff's assertion

A. (1) The Plaintiff’s assertion (1) in the selection of a comparative standard site, the adjudication appraiser evaluated D land among each of the instant lands as “agricultural and forest area” and selected and applied a comparative standard site (F 3,451 square meters in Ginpo-si, Ginpo-si) different from that of other lands (F 8,241 square meters in Ginpo-si), which is “management area.” Since the land category or actual use condition or surrounding environment, excluding the specific use area, is rather similar to the above E-standard site, it is unlawful to select F land as a comparative standard site of D land.

(2) In the assessment of individual factors, ① all of the instant lands are owned by the Plaintiff, who is the same person, and most of them are used for the same purpose as a complex and are inseparably in an indivisible relationship for the same purpose, and thus, the adjudication appraiser has to conduct an assessment by classifying them into each parcel, and evaluated them as having been made as having been located in the width and system of street, etc., and ② The instant land is a housing site preparation condition as it is the housing site preparation condition.

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