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(영문) 서울행정법원 2016.05.26 2015구합52630
잔여지가치하락손실보상금
Text

1. The defendant shall pay to the plaintiff A 25,212,600 won, 25,726,800 won to the plaintiff B, and 19,374,900 won to the plaintiff C and each of the above amounts.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Railroad Construction Project Name (hereinafter referred to as “instant project”): The defendant:

B. Although the Plaintiffs owned each parcel of land as indicated below, they were partially admitted into the instant project zone as incorporated, and as a result, each parcel of land in the column of “cruel land” as indicated below (hereinafter “the remaining land of this case”) remains.

H J LNOOO K MO A AB C G G G G

C. In accordance with Articles 73(4) and 9(7) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Plaintiffs filed an application with the Central Land Expropriation Committee for adjudication of compensation for losses due to a decrease in the price of each remaining land of this case. However, the Central Land Expropriation Committee dismissed the Plaintiffs’ application for adjudication to the effect that no price reduction is recognized on December 18, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 through 4, 7 through 13, 16, 18, Gap evidence 3-2, 5-1, 2, Gap evidence 5-1, 5-2, Gap evidence 6-1, 6-2, Gap evidence 7-1, 7-2, and the purport of the whole pleadings

2. The assertion and judgment

A. Since some of the plaintiffs' respective lands owned by the plaintiffs were incorporated into the project area of this case, the price of each remaining land of this case has decreased, the defendant must compensate the plaintiffs for losses incurred thereby.

B. The main text of Article 73(1) of the Land Compensation Act provides that a project operator shall compensate for losses or construction costs under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in cases where the price of remaining land is reduced or there is other losses due to the acquisition or use of part of a group of land belonging to the same landowner. Article 32(1) of the Enforcement Rule of the same Act is the same.

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