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(영문) 대구지방법원 2014.07.18 2013구합1975
농업 토지 영업손실 대한 보상금 등 수용토지보상금 증액
Text

1. The part concerning the claim for purchase of the remaining land among the instant lawsuit is dismissed.

2. The defendant shall pay 833,750 won to the plaintiff and this shall apply.

Reasons

1. Details of ruling;

(a) project approval and public notice - Project approval and public notice - Project approval and project approval and public notice - Project approval and public notice - project approval of Daegu Metropolitan City public notice D on March 2, 201, Daegu Metropolitan City public notice D on January 31, 201, Daegu Metropolitan City public notice E on February 28, 2011, and public notice - project operator of Daegu Metropolitan City public notice - project operator on March 12, 2012: Defendant

B. The adjudication of expropriation made on May 30, 2012 by the Daegu Metropolitan City Regional Land Expropriation Committee (hereinafter “adjudication of expropriation”): The adjudication content - Daegu-gun, Daegu-gun, Daegu-gun, G 194 square meters, H 165 square meters, I 216 square meters, I 216 square meters (hereinafter “instant land”): ① Total compensation for expropriation of the instant land (28,450 won per 1 square meter), ② The date of rejection of the Plaintiff’s assertion of the Plaintiff’s agricultural loss compensation - The date of expropriation: The Korea Appraisal Board and the Gyeonggi-do Appraisal Corporation (hereinafter “appraisal of expropriation”):

C. The Central Land Tribunal’s ruling on June 20, 2013 (hereinafter “instant ruling”) - Contents of the ruling: ① rejection of the Plaintiff’s assertion of increase in compensation for expropriation of the instant land; ② rejection of the Plaintiff’s assertion of agricultural loss compensation - Plaintiff’s rejection of the Plaintiff’s assertion of compensation for losses - No dispute over the ground of recognition - Plaintiff’s assertion of the appraisal corporation and the appraisal corporation (hereinafter “appraisal”) - No dispute over the ground of recognition - Gap’s evidence 1 through 3, Eul’s evidence 1 through 4, 12, and 13 (including each number), and the purport of the entire pleadings.

2. Whether the part concerning the claim for purchase of remaining land in the lawsuit of this case is legitimate

A. The Plaintiff’s assertion 1) following the Defendant’s expropriation of the instant land by implementing the instant project, the Plaintiff is entitled to 953 square meters in Daegu-gun, Jingu, Daegu-gun, K 215 square meters in size, and L 936 square meters in size (hereinafter “instant remaining land”).

(2) Since the Defendant was unable to use the remaining land of this case, the Defendant asserts that it should purchase the remaining land of this case. In this regard, the Defendant did not have passed a ruling by the competent Land Tribunal on the claim for purchase of the remaining land of this case.

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