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(영문) 창원지방법원 2018.05.09 2016구합51434
토지수용보상금증액청구의 소
Text

1. The portion of the instant lawsuit claiming compensation for farming loss shall be dismissed.

2. The defendant attached Table 1 to the plaintiffs.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: I Business name - Public notice: The defendant: J of the Cheong-gun on April 4, 2013, K of the Cheong-gun on December 24, 2014, K of the Cheong-gun on December 17, 2015, the project operator L of the Cheong-gun on December 17, 2015;

B. Adjudication on expropriation made on March 29, 2016 by the Central Land Tribunal of Gyeongnam-do: Land listed in attached Table 2, which is owned by the Plaintiffs (hereinafter “each land of this case”). - The starting date of expropriation: May 23, 2016 - Compensation for losses: The term “adjudication on expropriation” listed in attached Table 2 is as indicated in attached Table 2.

- An appraisal corporation: a dialogue appraisal corporation and a light appraisal corporation (hereinafter referred to as “appraisal of expropriation”)

C. The Central Land Tribunal rendered an objection ( Plaintiff B, C, D, and E0,00) on August 25, 2016 - Details of the adjudication: The same shall be as indicated in the “amount of the adjudication” column in attached Table 2.

- An appraisal corporation: the Korea Appraisal Corporation and the Korea Appraisal Corporation (hereinafter referred to as “appraisal of adjudication”).

C. The appraisal results of this Court - The appraiser: M (hereinafter referred to as “court appraiser”) - The appraisal results are as indicated in the “court appraisal amount” column in the attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence No. 1 (including Serial number; hereinafter the same shall apply), the result of each commission of appraisal to appraiser M by this court, the purport of the whole pleadings

2. Attached Form 3 of the relevant Acts and subordinate statutes shall be as follows;

3. Judgment on the main defense of this case

A. Of the instant lawsuit claiming the Defendant’s assertion, the part claiming the amount of compensation for farming losses in the instant lawsuit was unlawful, since it did not undergo the adjudication procedure under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

B. Article 34 and Article 34 of the Land Compensation Act to receive compensation for farming losses under Article 77(1) of the Land Compensation Act from a project operator who closes or suspends his/her business due to a determination of one public project.

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