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(영문) 부산지방법원 2017.09.21 2016구합24121
수용재결취소등
Text

1. The Defendant’s KRW 23,656,150 for the Plaintiff and KRW 5% per annum from October 19, 2016 to September 21, 2017.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: B (hereinafter referred to as “instant project”): Project implementer: Busan Regional Construction and Management Administration - Public announcement of project implementation authorization: Public announcement of project implementation authorization on December 12, 2012

(b) The Central Land Tribunal’s ruling on expropriation on August 25, 2016 - The date of expropriation: The date of commencement of expropriation: Each of the land in the attached Table 1 attached hereto owned by the Plaintiff (hereinafter “instant land”; each of the land listed in the attached Table 1 attached hereto; “12,859,050 won in total as indicated in the attached Table 1, as indicated in the “amount of adjudication on expropriation” (hereinafter “1-3 land”): The sum of KRW 1,112,859,050 in the attached Table 1 - the appraisal corporation: the ordinary appraisal corporation; the corporation: the corporation; the corporation; the corporation; the corporation; the corporation; the corporation; the corporation; (i) has no dispute; (ii) the evidence provided for in subparagraphs 1-3; (iii) the evidence provided for in subparagraphs 1 through 3

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) evaluated the land category 1 and 2 as “forest” in the Plaintiff’s ruling of expropriation. However, since the Plaintiff used the said land as orchard since 1958, the said land should be assessed as “unowned land” according to the current status of use. Therefore, inasmuch as compensation should be calculated according to the result of the court’s appraisal that evaluated the land category 1 and 2 as “previous”, the Defendant should pay the difference between the amount of the court’s appraisal and the amount of the adjudication of expropriation. 2) The Defendant used the land category 1 and 2 as forest land, but did not undergo the procedure of land category change, and the land whose illegal land form and quality were altered should be assessed according to the land category.

Therefore, it is justifiable to evaluate the land 1 and 2 as forest land in the instant expropriation ruling.

(b) The details of the relevant statutes are as shown in Appendix 2.

C. (1) Determination 1) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Principle of Current Status Evaluation and the Liability for Verifying Illegal Alteration of Form and Quality (hereinafter “Land Compensation Act”).

Article 70(2) provides that the amount of compensation for the land shall be the actual situation of use and the general method of use at the time of the price.

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