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(영문) 수원지방법원 2018.09.04 2017구합66191
손실보상금
Text

1. Of the instant lawsuit, Plaintiff A’s claim for KRW 16,808,00 and damages for delay thereof, and Plaintiff B’s claim for KRW 4,320,000 and damages for delay.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): Public housing project implementation authorization (C) 2: The defendant;

B. Plaintiff A (a) subject to expropriation by the Central Land Expropriation Committee on April 13, 2017, 1) Plaintiff A: Overcheon-si, E, and 2 parcels above ground (b) Plaintiff B: the date of commencement of expropriation, such as the number of items indicated in the attached Table 1 on the attached Table 2 on the surface of 7 parcels above the 1stm of Overcheon-si, F, and the 7thm above: The date of commencement of expropriation: Plaintiff A: 28,681,000 won, but Plaintiff B: 243,321,000 won.

C. Plaintiff A: 239,322,200 won (based on recognition) Plaintiff B: 253,080,50 won (based on recognition) of the Central Land Expropriation Committee’s compensation for losses on November 23, 2017; the purport of the entire pleadings and arguments

2. Judgment on the Defendant’s defense prior to the merits

A. The plaintiffs asserted that obstacles, such as the items of trees listed in the separate sheet 1 through 19, 21 through 28, were omitted from the subject of the adjudication on expropriation, and they claim 16,808,000 won as compensation, and damages for delay thereof. The plaintiffs Eul asserted that obstacles, such as the items of trees listed in the separate sheet 29 through 39, 41 through 45, and 51 through 54, were omitted from the subject of the adjudication on expropriation, and claim 4,320,000 won as compensation and damages for delay thereof.

B. The Defendant’s aforementioned claim by the Defendant prior to the merits was unlawful since it did not undergo consultation and adjudication procedures prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

C. Article 75 of the Land Compensation Act provides for the compensation for buildings, standing trees, structures, and other fixtures on the land (hereinafter “buildings, etc.”).

In full view of the contents and legislative intent of Articles 34, 50, 61, 75, and 83 through 85 of the Land Compensation Act, the landowner shall own the land.

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