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(영문) 청주지방법원 2019.04.04 2018구합543
토지수용에 대한 보상금 증액
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 4,776,00 and the interest rate from April 5, 2019 to the day of complete payment.

Reasons

1. Details of ruling;

A. Business title - Business Name: C Neighborhood Park Park Creation Project (hereinafter referred to as “instant project”). - The Defendants: The public notice of implementation plan: D public notice of Cheongju on January 20, 2017, and public notice of Cheongju on June 16, 2017

E.

The adjudication of expropriation made on December 19, 2017 by the local Land Expropriation Committee of Chungcheongbuk-do on the date of expropriation - February 14, 2018: The date of expropriation: 480 square meters (hereinafter “instant land”) prior to Cheongju-si, Cheongju-si, the Plaintiff owned in the instant project area, and 10 square meters of 480 square meters prior to Cheongju-si, the Plaintiff owned in the instant project area (hereinafter “instant obstacles”). - Compensation for expropriation: 159,281,00 won (i.e., compensation for the instant land amounting to 159,09,000 won (i.e., compensation for the instant obstacles amounting to 185,00 won)

C. The Central Land Tribunal rendered an objection on June 21, 2018 - Partial increase in compensation for the instant land to KRW 167,249,000 (i.e., compensation for the instant obstacle in KRW 167,064,00).

Receipt of compensation for which the plaintiff's objection was reserved - The plaintiff reserved an objection - The plaintiff received compensation decided in the ruling. [Grounds for recognition] The plaintiff did not dispute, the entries in Gap evidence Nos. 1, 7, 10, and 11 and the purport of the whole pleadings.

2. Although the Plaintiff’s assertion that this case’s land is adjacent to a road with a large volume of 8m or 10m wide to Northwest, and large-scale discount stores, etc. located in the surrounding areas, the Defendants calculated the compensation by comparing the instant land and its current status as a comparative standard, with the amount of 1,777mm2 in the petition-gu, Cheongju-si, which is different from that of the instant case’s land,

Therefore, the Defendants jointly and severally file an objection against the instant land with the Plaintiff, which is the amount equivalent to the difference between KRW 167,064,000, which the Plaintiff reserved and received as to the instant land, and the reasonable compensation, KRW 55,00,000, which is the amount equivalent to the difference between the said KRW 167,064,00,000, the Plaintiff would expand

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