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(영문) 수원지방법원 2015.07.16 2014구합60055
손실보상금
Text

1. The Defendant: (a) KRW 13,583,035 for Plaintiff A, B, and C; and (b) KRW 40,749,106 for Plaintiff D; and (c) KRW 6,791,517 for Plaintiff E and F, respectively.

Reasons

1. Details of ruling;

A. Business Approval and Public Notice - G Highway Private Investment Project (H; hereinafter “instant project”) - On October 23, 2012, the Ministry of Land, Transport and Maritime Affairs (I) - Project operator: Defendant

B. The Plaintiffs were jointly owned with J Forest No. 30,01 square meters prior to the subdivision of the land and the expropriation of the land (Plaintiffs A, B, C 2/18, Plaintiff D 6/18, Plaintiff E, F 1/18, Nonparty K4/18, and Nonparty K4/18). As a result of the instant project, the said land was divided into KRW 5,150 square meters of J Forest, L Forest No. 11,021 square meters of land, M forest and 10,767 square meters of land, N forest and 1,418 square meters of land, O forest and 655 square meters of forest and 1,65 square meters of land.

(hereinafter referred to as "land by lot number").

The Central Land Tribunal’s ruling of expropriation on August 21, 2014 - Land to be expropriated: L, N, andO (hereinafter “each of the instant lands”): Compensation for losses: KRW 434,095,200 for each of the instant lands: The Plaintiffs filed a claim for expropriation of M and J land (hereinafter “J land”) but dismissed.

- Commencement date of expropriation: An appraisal corporation for a stock company and an appraisal corporation for the first day of a stock company (hereinafter “appraisal”) on October 14, 2014: The results of the appraisal shall be referred to as “adjudication appraisal”; and

D. As a result of the market price appraisal of the appraiser P of this Court (hereinafter “court appraiser”), the court appraiser assessed the land before division by individual lots, and assessed the said land under the premise that it is blind, and the said land is adjacent to the land before division, and the land adjacent to the land before division. Since the land adjacent to the local highway No. 88 is owned by the plaintiffs, the compensation amount was calculated by dividing the said land by cases where the said land is assessed under the premise that it is not a blind land.

1) In the case of deeming that it is a blind site (as an individual parcel, hereinafter “the primary court appraisal”).

① Compensation 540,223,020 won, and ② Value decline loss of the remaining land of this case.

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