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(영문) 의정부지방법원 2019.07.04 2017구합11447
손실보상금
Text

1. As to the Plaintiff A’s KRW 138,036,720, Plaintiff B’s KRW 137,142,870, and each of the said money from November 23, 2016.

Reasons

1. Details, etc. of ruling;

(a) Project approval and announcement name: C Public-private partnership project operator: Public-private partnership project approval publicly announced by the Ministry of Land, Infrastructure and Transport on August 7, 2015;

B. Subject to the expropriation ruling by the Central Land Tribunal on September 29, 2016: Each land listed in the column for expropriation on the table of Attached Table 1 (limited to the land for which the plaintiff claims the increase of compensation among the land to be expropriated; hereinafter referred to as "each land of this case"; hereinafter referred to as "each land of this case" shall be specified as the parcel number, and individual land shall be specified as the parcel number). Compensation for losses for expropriation: The date of commencement of each amount indicated in the column for compensation for expropriation ruling on the table of Attached Table 1: An appraisal agency on November 22, 20

(c) Compensation for losses for an objection to the adjudication made by the Central Land Tribunal on March 23, 2017: Each amount indicated in the column for compensation for losses in attached Table 1. An appraisal agency: Evidence No. 1, Evidence No. 2, Evidence No. 2, Evidence No. 1, Evidence No. 2, Evidence No. 3, Evidence No. 4-1, No. 2, Evidence No. 1, No. 4-2, Evidence No. 1, No. 2, Evidence No. 1, No. 2, and No. 4 through No. 7, and the purport of

2. Among each of the instant land asserted by the Plaintiffs, the land category of 5,669 square meters on the I’s land is forest land on the public register, but the land category was actually used by electric power, road, ditch, etc.

Among the parts used as a previous one, 937.24 square meters have been used as a previous one before 1960 and has been used as a previous one. As such, according to the actual situation of use, it should be assessed as a previous one. The remainder should be assessed as a road, a ditch of 8.37 square meters, a ditch of 6.23 square meters, and a forest of 4,717.16 square meters.

However, the appraisal of adjudication is unfair by assessing the issues of land as forest land and calculating the amount of compensation.

In addition, the adjudication and appraisal on the remaining lands shall be excessively low in the value of the land.

Therefore, the defendant shall evaluate the issues of land to the plaintiffs as alleged by the plaintiff and pay the difference between the reasonable compensation according to the court's appraisal result and the compensation for objection and the compensation for delay.

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