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(영문) 창원지방법원 2017.06.27 2015구합1524
토지수용보상금증액
Text

1. The Defendant’s KRW 2,925,690 as well as 5% per annum from June 18, 2015 to June 27, 2017 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business Name B: Defendant: C Public notice of the South Sea Line on April 30, 2012; D Public Notice of the South Sea Line on December 18, 2014 - Business Name: Defendant

B. The adjudication of expropriation on April 28, 2015 by the Gyeongnam-do Regional Land Expropriation Committee on the expropriation of April 28, 2015 - subject to expropriation (see the attached compensation details): South Sea-gun, E-Gun, 527 square meters of forest land, F road, 592 square meters of forest land, G 3,495 square meters of G forest (hereinafter “instant land”) and above G land trees (hereinafter “instant obstacles”): Compensation for losses: 65,640,210 won (hereinafter “compensation for the instant obstacles”): 5,898,450 won in total of compensation for the instant obstacles of KRW 55,741,760: Date of expropriation: H& and I corporation: Appraisal corporation on June 17, 2015;

C. The Central Land Tribunal’s ruling on October 22, 2015 – Increase the expropriation compensation to KRW 67,602,700 (total compensation for the instant obstacles in the instant case to KRW 57,595,600) - An appraisal corporation: J, K Co., Ltd. (hereinafter the above appraisers collectively referred to as “adjudication appraiser,” and the results of the appraisal are referred to as “appraisal”) [based on recognition] without dispute; the evidence Nos. 1-2, 2-2, 4, 6-1, 2, 7-1, 2-1, 2-2, and the purport of the entire pleadings; and the purport of the entire pleadings.

2. Facts of recognition;

A. 1) The instant land is located in the east of the Southern Sea Village in the South Sea, and around the area, farmland land, forest land, farming housing, etc. are mixed. 2) The instant land is used as illegal or long-term land within the sloping zone, warehouse land, farmland, forest land, road, etc.

3. The land of this case is accessible to vehicle traffic in the vicinity, is connected to the neighboring national highways, and is located at a distance of not more than 10 minutes by M-centered and vehicle.

B. As a result of the appraisal, the appraiser is identical to the land in this case, specific use area, utilization status, land category, surrounding environment, etc.

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