logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.11.12 2015구합65254
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Business authorization and public notice - Electric Power Resource Development Business (B Electric Power Source Construction Business; hereinafter “instant business”): Defendant - Public notice given to the Ministry of Knowledge Economy on September 13, 2010, and the Ministry of Knowledge Economy on August 1, 2012;

B. Determination of expropriation and use by the Central Land Expropriation Committee on March 22, 2013 - subject to expropriation: The steel tower site in Pyeongtaek-si E-257 square meters (hereinafter “the instant steel tower site”): 23,079 square meters of forest land (hereinafter “the instant remaining land”); the instant steel tower site and the remaining land in this case were divided into 23,336 square meters of forest land owned by the Plaintiff on January 17, 2013 due to the implementation of the instant project, and divided into 3,371 square meters of forest land owned by the Plaintiff on January 17, 2013 (hereinafter “instant fish tower site”) between 25.2 meters and 52.8 meters between the area above 25.8 meters above - The instant steel tower site in this case: 18,221,300 square meters: the compensation amount for the use of public space in this case: the period starting from the commencement date of expropriation and use of the structure until the commencement date of use: 57,307,00 won and May 15.

C. On April 30, 2013, the Plaintiff filed an objection with the purport that the Plaintiff changed the location of the steel tower to the creation of superficies rather than the transfer of ownership, changed the location of the steel tower, and compensated for the decline in the value of the remaining land due to the installation of the electric transmission line.

The Central Land Tribunal’s ruling on September 26, 2013 - The plaintiff’s objection is dismissed. - With respect to the plaintiff’s claim for compensation for decline in the value of remaining land, it is confirmed that the project of this case is used within a specific scope of project approval, and compensation following the use of public space is assessed by separately reflecting the additional amendment rate (equitable, marketability, and other detrimental factors) in addition to the basic three-dimensional utilization low-level utilization rate of the land in question, taking into account the impact of restrictions on land use due to the construction of transmission lines on the whole area of the land in question.

arrow