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(영문) 인천지방법원 2015.10.30 2015구합52108
토지수용보상금증액
Text

1. The Defendant’s KRW 1,220,450 with respect to the Plaintiff and KRW 5% per annum from November 22, 2014 to October 30, 2015, and the following.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project approval and publication 2) Comprehensive Islands Development Project (C Opening Project) 2) on October 7, 2013, 2013: Defendant;

B. The subject matter to be admitted by the Incheon Metropolitan City Regional Land Tribunal on October 7, 2014 (hereinafter “Adjudication of Expropriation”) is subject to expropriation: 512 square meters of forest E-Gun in Incheon po-gun, 221 square meters of forest land, 694 square meters of G forest land (hereinafter “instant land”).

2) From the starting date of expropriation: An appraisal corporation: A state appraisal corporation, a corporation, and a dialogue appraisal corporation 4) compensation for losses: Attached Form 1 “Adjudication on Expropriation” is recorded.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s ruling of accepting the Plaintiff’s assertion is to calculate compensation unilaterally by dividing the Plaintiff’s land into “forest” and “road” without compensation, even though it used it as a road site without permission, and to calculate compensation at a price below the market price. As such, an adequate calculation of compensation should be made.

(b) The details of the relevant statutes are as shown in Appendix 2.

C. (1) Determination 1) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to determine whether a part of the instant land can be assessed as a road (hereinafter “Land Compensation Act”).

Article 70(2) provides, “In principle, the amount of compensation for land shall be calculated in consideration of the actual situation at the time of price and the objective situation based on the general method of use, but it shall not be considered in cases where it is premised on the use of land temporarily, subjective value of landowners or persons concerned, and the use for special purposes.”

In addition, Article 26 (1) and (2) of the Enforcement Rule of the Land Compensation Act is excluded from private roads under the Private Road Act.

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