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(영문) 대전지방법원 2020.11.26 2020구단100576
보상금 증액청구의 소
Text

The defendant's KRW 28,645,136 to the plaintiff and 5% per annum from August 8, 2019 to November 26, 2020 to the plaintiff.

Reasons

1. Basic facts

(a) Project approval and public notice - Project name B (hereinafter “instant project”): B construction project - Public notice given by the Ministry of Land, Infrastructure and Transport as of February 22, 2016 - Project operator: Defendant

B. The Plaintiff’s land and obstacles, and remaining land 1) is the Plaintiff’s 608 square meters (Plaintiff’s share 14,346/60,800), E road 739 square meters (Plaintiff’s share 17,436/73,900), F forest land 180 square meters, G land for factory, 1,233 square meters, and H forest 119 square meters (hereinafter “registered land”).

(2) The Plaintiff owned 1 forms of large pipes (packs, concretes, and steel lids) with 600KW and H ground-based large pipes (packs) located in the south-gu Seoul Special Metropolitan City, Y-gu G-based G-based G-based Seoul Special Metropolitan City.

(The Plaintiff is seeking an increase in compensation for losses only for each of the above obstacles among the entire obstacles in the instant case. 3) The Plaintiff, in addition to the incorporated land, shall also have the remaining land in which 1,233 square meters of G factory site is divided into 5,378 square meters (the previous factory site is 6,611 square meters and the previous G factory site is 1,233 square meters.

hereinafter referred to as "mast"

C. The Central Land Tribunal’s ruling of expropriation on June 13, 2019 (hereinafter “the first ruling of expropriation”) is owned.

- Subject to expropriation - Land incorporated into the instant project district and obstacles (Dismissal of a claim for expropriation of remaining land) - The date of expropriation: August 7, 2019 - Compensation for losses: 546,117,670 won ( incorporated land) / 49,000,000 won (claimed land)

D. On January 30, 2020, the Central Land Tribunal filed an objection against the first expropriation ruling (the grounds for filing an objection include ① increase in compensation for losses for incorporated land and obstacles, ② claims for expropriation of remaining land). The Central Land Tribunal rendered an objection against all of the Plaintiff’s appeals.

E. The Central Land Expropriation Committee’s second adjudication on expropriation on October 10, 2019 (hereinafter referred to as “the second adjudication on expropriation”)

- The remaining land value reduction compensation 58,082.

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