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(영문) 서울고등법원 2016.10.06 2015누69722
손실보상금
Text

1. Revocation of a judgment of the first instance;

2. In accordance with the claim extended at the trial, the defendant shall each be 38,153,160 won against the plaintiffs.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - K Development Project (C Opening Project) - Public notice L of the Incheon Metropolitan City poman-Gun on October 8, 2013 - Project operator: Defendant

B. The ruling of expropriation made on October 7, 2014 by the Incheon Metropolitan City Regional Land Tribunal (hereinafter referred to as “adjudication of expropriation”): The object of expropriation: D forest land 716 square meters (hereinafter referred to as “instant land”) owned by the Plaintiffs each 1/2 shares: November 21, 2014 - An appraisal corporation: A State appraisal corporation, a stock company, a joint appraisal corporation, a joint appraisal corporation - Compensation for losses: The amount of KRW 27,904,940 (57 square meters out of the instant land shall be deemed as “forest”; and 143 square meters as “road”).

C. The court’s entrustment of appraisal to appraiser M (hereinafter “court’s appraisal”) - Compensation for losses: Each of 66,058,100 won (the instant land shall be deemed to be “electricly”, and 143 square meters shall be deemed to be “road”) / [based] without any dispute, each entry in the evidence A1 and 2, and the result of the appraisal commission to appraiser M, the purport of the entire pleadings, as a whole.

2. The plaintiffs' assertion

A. The instant land was reclaimed in around 1950 and used from that time to that time, and there was no legislation regulating the alteration of the form and quality of the instant land at the time of the reclamation. Therefore, the reclamation of the instant land does not constitute an illegal alteration of the form and quality.

Therefore, the amount of compensation should be determined on the basis of “the preceding” which is not a forest land category, but a real state of use.

B. Since the adjudication of expropriation is unlawful to divide the portion of 143 square meters out of the instant land into “road” and compute the amount of compensation at a price equivalent to 1/3 of neighboring land, it shall also be determined on the basis of “former”.

3. Determination

(a) An entry in the attached Form of relevant Acts and subordinate statutes;

B. Whether this case’s land constitutes an illegal alteration of form and quality) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

According to Article 67, the amount of compensation shall be calculated.

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