logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.09 2016구합106475 (1)
손실보상금
Text

1. The Defendant: (a) 63,600,000 won for Plaintiff A; (b) 5,775,000 won for Plaintiff B; (c) 35,609,250 won for Plaintiff C; and (d) 22,13 for Plaintiff D.

Reasons

1. Details of ruling;

(a) A project approval and public announcement - A waterfront development project: A project approval and public announcement - A project approval and public announcement of a waterfront development project (J district waterfront development project; hereinafter referred to as the "public project in this case"): K public announcement by the Ministry of Land, Infrastructure and Transport ( January 23, 2014) (No. 19, 2015)

(b) Project operator: Defendant and Daejeon Metropolitan City;

C. The Central Land Expropriation Committee (as of March 24, 2016) - Land subject to expropriation: The land listed in the attached Table 2 list (hereinafter “instant land”) - The starting date of expropriation: May 17, 2016.

The Central Land Tribunal's objection (as of November 24, 2016) - Compensation for losses: Money stated in the corresponding column of "amount of objection" as stated in attached Table 3 (However, in the case of Plaintiff M, the objection against the adjudication of expropriation was dismissed, and the amount stated in the corresponding column was indicated as compensation for losses for the adjudication of expropriation): [The grounds for recognition: Evidence of subparagraphs 1 through 5, Eul, 1, 4, and 5 (including the temporary number; hereinafter the same shall apply)

(2) 【Each entry】

2. Summary of the plaintiffs' assertion

A. Before the public works of this case were publicly announced, the NL was designated and publicly announced on the right side of the instant public works zone (hereinafter “instant urban planning facilities”). However, upon the implementation of the instant public works, the said urban planning facilities were abolished.

Therefore, according to Article 28 of the Land Compensation Guidelines, the existence of the above urban planning road should be reflected in assessing the compensation price of the land in this case, pursuant to Article 28 of the Land Compensation Guidelines, which states that the topographical map for urban management planning under Article 32 of the National Land Planning and Utilization Act is linked to the roads of urban planning facilities, regardless of whether it is directly related to the relevant public works.

Nevertheless, the court's entrustment of appraisal of compensation for losses with respect to the land of this case (hereinafter "court's appraisal").

arrow