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(영문) 수원지방법원 2015.11.17 2014구합3663
손실보상금증액
Text

1. The Defendant’s respective KRW 19,573,80 for each of the Plaintiffs, and 5% per annum from May 14, 2014 to November 17, 2015.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project approval and public notice - Project name: Bogeumjari Housing Project (C Bogeumjari Housing Project) - Public notice: The defendant; D public notice by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009, and E public notice on November 16, 201;

B. The Central Land Expropriation Committee’s ruling on expropriation on March 20, 2014 - The land subject to expropriation: F forest land 20,604 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si, each 1/2 shares of which are jointly owned by the Plaintiffs - The land expropriation compensation amounting to KRW 571,761,00 each (i.e., the compensation unit price 55,500 square meters x the area x 20,604 square meters x ownership 1/2 of the land in this case x the Plaintiff’s land category on the public register x the actual state of use i.e., the “forest”. However, the Central Land Expropriation Committee asserted that the instant land should be evaluated as a “forest land” as at the time of changing the form and quality of the land which was illegally changed without obtaining permission to divert the mountainous district under the Mountainous Districts Management Act - The land expropriation commencement date should be evaluated as a “forest land” on May 13, 2014.

C. The result of the commission of appraisal to appraiser G of the instant court (hereinafter “court appraisal”): The appraiser evaluated the instant land as forest land and assessed the instant land as the same as the appraisal of the judgment, and selected 2,579 square meters of H forest as the comparative standard site in Namyang-si, Namyang-si. The appraiser assessed the compensation for expropriation of the instant land as KRW 592,368,000 each, subject to comparison of time revision, regional factors, individual factors, and other factors (i.e., unit price of compensation 57,400 square meters x 20,640 square meters x 1/2 of owned shares).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 and 3 (including paper numbers), the result of the appraisal commission to appraiser G of this court, the purport of the whole pleadings

2. The argument and judgment.

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