logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.09.05 2018구합283
보상금증액
Text

1. Of the instant lawsuit, the Plaintiff (Appointed)’s claim for compensation for the joint burials and tombstones of C and D among the instant lawsuit.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public announcement - Business name: H development project (hereinafter referred to as “instant public works”): Defendant - Public announcement: Public announcement of the Special Metropolitan City of Ulsan on March 20, 2014; public announcement of the IH plan approval and topographic drawings; public announcement of the JH plan (revision) approval on February 12, 2015; public announcement of the Ulsan Metropolitan City of Ulsan Metropolitan City on September 21, 2017; and public announcement of approval for modification of the KH plan approval on September 21, 2017;

B. On February 28, 2018, the local land expropriation committee of Ulsan Metropolitan City, Ulsan Metropolitan City, which was decided to expropriate on February 28, 2018, made a ruling of expropriation in accordance with the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (Amended by Act No. 16138, Dec. 31, 2018; hereinafter “former Land Compensation Act”), which is applicable mutatis mutandis under Article 22 of the Industrial Sites and Development Act, as follows:

- Subject to confinement: The Plaintiff and the designated parties shall enter the land of 2562 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, which are jointly owned by each of the share of 1/4 (hereinafter “instant land”) and the obstacles owned by the Plaintiff on its ground - The date of commencement of expropriation: April 24, 2018 - The Plaintiff’s compensation for losses: 14,731,500 won in compensation for land, 17,509,100 won in compensation for obstacles: The fact that there is no dispute over each land of 14,731,50 won in compensation for losses, 14,731,50 won in compensation for each land of 14,731,50 won in compensation for losses, evidence Nos. 1, 6, and 1

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the part of the Plaintiff’s claim for compensation for losses for burials and tombstones in the instant lawsuit is legitimate (ex officio determination)

A. The plaintiff's assertion omitted the calculation of compensation for C, D, and cemetery tombstones while accepting obstacles to the ground of the land of this case owned by the plaintiff. Thus, the defendant is obligated to pay to the plaintiff the compensation amounting to KRW 3,405,650, and the compensation amounting to KRW 5,375,650, and the compensation amounting to KRW 1,970,00 for the cemetery tombs and tombstones.

B. The claim for compensation for the relevant legal doctrine is sought.

arrow