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(영문) 대구지방법원 2014.10.24 2014구합474
손실보상금
Text

1. The Defendant’s KRW 8,595,200 as well as 5% per annum from September 24, 2013 to October 24, 2014 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - B Private Investment Project (hereinafter “instant project”) - D public notice of the Ministry of Land, Transport and Maritime Affairs on April 4, 2012, C, and D public notice of the Ministry of Land, Transport and Maritime Affairs on April 23, 2013 - Project implementer: Defendant (competent authority: Busan Regional Land Management Office

B. The Central Land Tribunal’s ruling of expropriation on August 22, 2013 (hereinafter “adjudication of expropriation”): E forest land E 1,088 square meters (hereinafter “instant land”): 16,864,000 square meters (hereinafter “instant land”): 16,864,00 won: the starting date of expropriation: An appraisal corporation: A future appraisal corporation, a new appraisal corporation, a stock company, and a rural appraisal corporation (hereinafter “appraisal of expropriation”).

C. The Central Land Tribunal’s ruling on January 23, 2014 (hereinafter “Objection”) - Contents of the adjudication: The Plaintiff’s assertion on the increase of compensation - An appraisal corporation: An appraisal corporation: the Korea Land Appraisal Corporation and the Korea Land Appraisal Corporation (hereinafter “Objection Ruling”) / The fact that there is no dispute or ground for recognition, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 4, 5, 10, 11, and the purport of the entire pleadings, as a whole.

2. The assertion and judgment

A. Since the land category on the public register of the Plaintiff’s assertion was “forest” or actually in fact, it has been used as “the entire field,” such as growing dry field crops every year since the fact that the land category in the public register of the instant land was turned out during the Japanese colonial period, it should be evaluated as “the entire field,” in calculating compensation for losses

Therefore, the Defendant is obligated to pay to the Plaintiff the difference between the court appraisal amount and the expropriation and the compensation for losses as stipulated in the said ruling (=25,459,200 won - 16,864,000 won) and the compensation for losses incurred therefrom.

(b) Entry in the attached Form of relevant statutes;

C. The instant land in fact 1 is located in the north dong of the F Village in Yongcheon-si, and is the farmland land formed around, such as farmland such as Jeoncheon-si and paddy-si, farming house, forest land, etc.

A vehicle access to the instant land is possible, but through a ditch site on the cadastral surface.

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