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(영문) 수원지방법원 2016.03.28 2013구합17016
보상금
Text

1. The Defendant’s KRW 23,616,680 as well as 5% per annum from December 18, 2013 to March 28, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Private Investment Project (B Highway Two Tools) - (hereinafter “instant project”) - Public Notice D as of March 21, 201, published by the Ministry of Land, Transport and Maritime Affairs C, and August 12, 2011: the head of the Seoul Regional Construction and Management Administration:

B. The Central Land Tribunal’s ruling of expropriation on October 24, 2013 (hereinafter “the first ruling of expropriation”) - With respect to objects of expropriation, 99 obstacles (hereinafter “instant obstacles”) including obstacles entered in the list of obstacles on the E, F, G, and H ground surface attached to 1 obstacles (hereinafter “contests”): The content of the ruling: Total sum of compensation for the instant obstacles (329,793,320 won among those obstacles) - The date of expropriation: the Land Appraisal Corporation, the Pacific Appraisal Corporation, and the Land Appraisal Corporation (hereinafter “Land Appraisal”) on December 17, 2013.

A person shall be appointed.

C. The Central Land Tribunal’s ruling of expropriation on September 17, 2015 (hereinafter “the second ruling of expropriation”) - Subject to expropriation: “A farmer on the ground of H 2,009 square meters above H 2,009 square meters above Sinpo-si” refers to the instant farming compensation.

- Compensation for expropriation: 8,136,450 won for compensation for the instant farming compensation - Details of adjudication: The same shall apply to the previous Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 197, Apr. 28, 2015; hereinafter the same shall apply) on the ground that the Plaintiff was unable to prove the actual income based

- The date of commencement of expropriation by applying Article 48(1) to determine the amount of farming losses - The amount of farming losses - the date of expropriation on November 10, 2015 (including each number, if any, in the case of a serial number) 1, 5, 6, 11, 12, 1 and 3

each entry, the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

2.2 certified public appraisers are entitled to compensate for obstacles.

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