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(영문) 전주지방법원 2017.08.31 2015구합1585
수용이의재결처분취소 등
Text

1. The Defendant’s KRW 21,938,280 as well as the Plaintiff’s annual rate of 5% from July 17, 2015 to August 19, 2015.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B: - Project operator: Go Chang-gun - Public notice: C public notice of Go Chang-gun on July 4, 2013;

B. Decision on expropriation made on December 1, 2014 - subject to expropriation by the Special Self-Governing Province Local Land Expropriation Committee of Jeollabuk-do: Da, E, F, and 22,386 square meters (hereinafter “the instant tea”): The starting date of expropriation: January 26, 2015 - Compensation: 116,407,200 won - An appraisal corporation: a national appraisal corporation, a foreign appraisal corporation, a third-party appraisal corporation (hereinafter “appraisals for expropriation”), and a third-party appraisal corporation (hereinafter “the result of expropriation appraisal”). The result of the appraisal is referred to as “the result of expropriation appraisal”).

C. The Central Land Tribunal rendered an objection on July 16, 2015 - The content of the adjudication is unclear whether the compensation for the instant tea is the cost of transfer or the value of goods: As such, the Plaintiff asserted to increase the compensation in accordance with the reality by taking into account the property value of the relevant tea, the Plaintiff determined that the compensation for the instant tea is appropriate and dismissed the Plaintiff’s objection based on the arithmetic average value of each appraisal result of the relevant appraisal appraisal appraisal corporation and the Uniform Appraisal Corporation (hereinafter “Objection”).

On January 15, 2015, the Defendant deposited KRW 116,407,200 for the instant tea in the Jeonju District Court, Jeonju District Court Branch Branch, No. 104 in gold in 2015. The Plaintiff reserved and received the said deposit on January 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, evidence 15 to 18, Eul evidence 1 to 18, the purport of the whole pleadings, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The claim of this case is not possible to transfer, and compensation should be made at the price of obstacles, and the number of melting trees is about 10 years and about 10 years, the number of the instant melting trees.

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