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(영문) 수원지방법원 2015.05.06 2014구합55688
손실보상금
Text

1. Of the instant lawsuit, the part of the Plaintiff A and B’s claim for expropriation of the remaining land shall be dismissed.

2. The defendant shall pay to the plaintiff A KRW 2,077,90.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Urban planning facility project (F project; hereinafter referred to as “instant project”): Public notice - G project operator announced on May 14, 2012 - Defendant

B. The Central Land Expropriation Committee’s ruling on expropriation on October 24, 2013 - Land to be expropriated: The “Land to be expropriated” in the attached Table attached to H at the time of harmony is as indicated respectively (hereinafter “each land of this case”).

- Date of commencement of expropriation: December 17, 2013 - Compensation for losses: as stated in the separate sheet "amount of compensation for expropriation".

- Certified public appraisal corporations: New appraisal corporations in the future and central appraisal corporations;

C. The Central Land Tribunal’s ruling on May 22, 2014 - Compensation for losses: The term “compensation for losses” in the attached Table is as described respectively.

- Appraisal Corporation: Erad Public Appraisal Corporation and Korea Appraisal Board

D. The Court's entrustment of appraisal to I by the appraiser I (hereinafter "court's appraisal") - Compensation for losses: The phrase "court's appraisal amount" as stated in the annexed sheet is as follows.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 8, Eul 4, 5 (including each number), the result of the appraisal commission to appraiser I, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The compensation determined by the court appraisal and the adjudication on acceptance of each of the lands of this case falls short of the reasonable compensation for losses. Thus, the defendant should pay the difference between the compensation amount and the delay compensation amount determined by the court appraisal and the adjudication procedure to the plaintiffs.

B. Since the expropriation of each of the instant lands made it considerably difficult for Plaintiff A to use J 498 square meters (hereinafter “J land”) and 207 square meters (hereinafter “K land”) prior to K in the esisisisisisisisi (hereinafter “J land”), which constituted a group of the instant lands for its original purposes due to the expropriation of each of the instant lands, the Defendant accepted each of the instant remaining lands, and thereby, accepted them.

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