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(영문) 수원지방법원 2016.01.26 2013구합10947
이의재결취소 및 손실보상금증액
Text

1. The Defendant’s KRW 2,371,00 for the Plaintiff and KRW 5% per annum from October 19, 2012 to January 26, 2016.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business approval and public notice - Business name: Business name of the Gunpo Urban Planning Facility (Creation of a semi-monthly Park; hereinafter referred to as the “instant project”): Defendant on June 20, 201, No. 2011-45, and 11, Nov. 1, 2011, public notice of the Gunposi:

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on August 20, 2012 - the expropriation object: 446-2 large 537 square meters, 457-1 large 311 square meters, 461-2 large 120 square meters, 462-3 large 238 square meters, and 7,903 square meters in total, and 12 lots, other than 12 lots, where the same 461-2 large 462-3 large 238 square meters (hereinafter collectively referred to as “each of the instant lands”): The date of expropriation: The Korean Land Appraisal Corporation, the Pacific Land Appraisal Corporation, the Co., Ltd. - the Compensation for Losses: 2,216,791,500 won [=7,903 square meters x 280,500 square meters x 280,206 square meters]

C. The Central Land Tribunal rendered an objection on March 22, 2013 - The content of the adjudication: The Plaintiff’s assertion that each of the instant lands ought to be assessed as a site based on the land category at the time of opening a reservoir for half-month or should be assessed as a miscellaneous land based on the current status after completion of reclamation works, and dismissed the objection.

The appraisal results of this court's entrustment to appraiser A (hereinafter referred to as "court appraisal results"): The appraiser selected the land of this case as the site of the reservoir's facility site for half-month (the site of the facility site used in a usual and correct manner in preparation for flood in 50 to 100 years) in a case where the present condition of each of the lands of this case is considered as the site of flood (the site of the facility site used in a usual and correct manner). The appraiser assessed the land of this case as the total amount of KRW 340,654,00,00 in comparison with the point of time revision, regional factors, individual factors, and other factors.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 6-1 to 4, and Eul evidence 1.

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