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(영문) 대구지방법원 2013.11.22 2013구합1180
손실보상금증액
Text

1. Claim for compensation for obstacles and omissions in the separate sheet (1) of the instant lawsuit.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - B construction project (hereinafter “instant project”) - C publicly announced by the Ministry of Land, Transport and Maritime Affairs on June 29, 2009 - Project operator: Defendant

B. Adjudication of expropriation by the Central Land Expropriation Commission on February 17, 2012 (hereinafter “Adjudication of expropriation”): obstacles (hereinafter “in this case’s obstacles”) stated in the attached list (1) on the ground of permanent residence D (hereinafter “instant land”): 17,951,00 won (with respect to the assertion of omission of part of the Plaintiff’s obstacles, as pine trees are natural forests that have not been systematically re-managed, and thus are not subject to separate compensation, it shall be dismissed on the ground that they are not subject to separate compensation, on the ground that the Defendant’s application of adjudication of expropriation was confirmed to have failed to further consultation on this part, it shall be dealt with as matters to be adjudicated) - The date of expropriation: An appraisal corporation: a certified public appraisal corporation, a certified public appraisal corporation, a stock company, and a national appraisal corporation (hereinafter “appraisal adjudication of expropriation”):

C. Decision of the Central Land Tribunal on September 14, 2012 (hereinafter referred to as “adjudication of objection”): The content of adjudication shall be all dismissed (with respect to the claim for compensation for omitted trees, trees in a natural forest state, which is not afforested, are included in land in accordance with business practices, and thus are not subject to separate compensation, and as a result of examination of related data, the Plaintiff’s pine trees shall be deemed not subject to separate compensation, which are natural forests that are not planned planting management and are not subject to separate compensation).

D. Adjudication by the Central Land Expropriation Committee on March 22, 2013 (hereinafter “Adjudication on Expropriation”) - Subject to Expropriation: (1) Additional Burials listed in the Attached List (2) owned by the Plaintiff omitted in the adjudication on Expropriation (hereinafter “Additional Burials”) - Compensation for losses: 5.

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