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(영문) 수원고등법원 2020.06.24 2019누12834
손실보상금
Text

1. Of the judgment of the first instance, the part of the judgment against the defendant ordering payment in excess of the following money shall be revoked:

Reasons

1. Details of ruling;

(a) Business approval and public notice - Railroad construction projects (B; hereinafter referred to as "project "the instant project") - Project operator: Defendant - Project approval: Public notice of the Ministry of Land, Transport and Maritime Affairs on June 24, 2015;

B. Land to be expropriated and remaining land to be expropriated - Land to be expropriated: 729 square meters of Pyeongtaek-si D Forest land and 99 square meters of E Forest land (hereinafter collectively referred to as “instant incorporated land”): The remaining land: 87 square meters of Pyeongtaek-si F Forest land, 86 square meters of G forest land, 17 square meters of H forest land, 17 square meters of H forest land, and 1 square meters of I forest land (hereinafter collectively referred to as “the remaining land of this case”), and the individual land shall be specified only with the parcel number unless there are special

The Central Land Tribunal’s ruling of expropriation on July 5, 2018 (hereinafter “instant ruling of expropriation”) - Compensation for land incorporated into the instant land: D land 247,131,00 won; E land 18,942,00 won - The request for purchase of remaining land: Rejection on the ground that the Plaintiff filed an application for the adjudication of expropriation without going through consultation procedures with the Defendant, who is the project implementer, for the purchase of the instant land - Dismissal on the ground that the expenses incurred by the Plaintiff were considered at the time of calculating the compensation for losses for the discontinuance of the instant project - Dismissal on the ground that the expenses incurred by the Plaintiff were considered at the time of calculating the compensation for losses for the land incorporated into the instant land - Appraisal Corporation

(d) Results of entrustment of appraisal of appraiser L of the first instance court (hereinafter “court appraisal”): Compensation for losses: D land 255,150,000 won, E land 19,295,100 won [based grounds for recognition], Gap evidence 1, 10 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, and Eul evidence 1, the result of entrustment of appraisal of appraiser L of the first instance court, the purport of whole pleadings

2. The plaintiff's assertion

A. Since the instant expropriation ruling was unfairly underassessment of the amount of compensation for losses incurred to the land incorporated into the instant land, the Defendant should pay the increased amount of compensation for losses to the Plaintiff according to the court appraisal result.

B. As the incorporated land of this case is incorporated into the project area of this case, the Plaintiff is remarkably using the remaining land for its original purpose.

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