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(영문) 수원지방법원 2016.06.03 2014구합61256
손실보상금
Text

1. The Defendant’s KRW 24,570,190 for the Plaintiff and KRW 5% per annum from February 12, 2014 to June 3, 2016.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Road Project (B) and hereinafter referred to as “instant project”);

- Notice: C publicly announced by the Ministry of Land, Transport and Maritime Affairs on July 6, 201 - Project operator: Defendant

B. Adjudication made by the Central Land Tribunal on December 19, 2013 - Land to be expropriated: Each land listed in the separate sheet (hereinafter referred to as “instant land”) and any obstacles on the ground thereof as indicated in the separate sheet - Compensation for losses: KRW 1,539,357,210 (=Land 1,376,62,460 obstacles and KRW 162,734,750 obstacles) - With respect to the claim for appraisal of the remaining land, ① With respect to the claim for appraisal of the value of the remaining land, the land is connected with the Plaintiff’s remaining land of KRW 458 square meters, which is usable for the original purpose, and thus, it is possible to use the land for that purpose, and thus, the land is not compensated. ② The land appraisal corporation and appraisal corporation shall not use the remaining land for the original purpose.

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated November 20, 2014 - Compensation for losses: 1,575,709,110 won (i.e., land 1,406,409,110 obstacles (i.e., 169,30,000 obstacles) - With respect to the claim for expropriation of the remaining land, it is deemed that the area of 104 square meters for the previous purpose is considerably difficult to use as a return for the past because it is small in size to use the area for the claim for expropriation of the remaining land - The recognition of the claim for expropriation - No compensation is made for the lack of the value of each remaining land in the instant case as to the claim for expropriation of the remaining land - An appraisal corporation: a certified public appraisal corporation of the Korea Land Appraisal Corporation, the appraisal corporation of the date of the instant ruling (hereinafter “each appraisal corporation,” and the result of its appraisal “each appraisal”) / [applicable grounds for recognition ].

2. The assertion and judgment

A. The Plaintiff’s assertion on the instant land.

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