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(영문) 수원지방법원 2014.12.04 2014구합53712
잔여지가치하락 손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Project approval and public notice - Project name: B Road Prediction and Packing Corporation (hereinafter referred to as “instant project”): Public notice - Gyeonggi-do public notice E on July 1, 2010, and Gyeonggi-do public notice E on July 15, 2013 - Project implementer E on July 2013: Defendant

B. Part of the land owned by the Plaintiff - G, H, and I land owned by the Plaintiff is divided into the instant project, and only part of the land was incorporated into the instant project.

(2) The following facts are as follows: (a) “The land incorporated into the instant incorporated land”; and (b) the remaining land incorporated into the instant incorporated land is collectively referred to as “the instant remaining land; and (c) the individual land is specified as a parcel number when referring to referring to referring to referring to referring to referring to the individual land). The land incorporated into the instant incorporated land of 307 square meters in non-Seoul Special Metropolitan City, 346 square meters and 329 square meters in land (consultation acquisition) located in the head of H 894 square meters and 329 square meters in land incorporated into the instant incorporated land (consultation acquisition) for a 565 square meters in land located

Land to be incorporated (consultation acquisition) 173m20,000

C. The Central Land Tribunal’s ruling of expropriation on April 17, 2014 (hereinafter “adjudication of expropriation”) - Dismissal of the Plaintiff’s claim for decline in the value of the remaining land of this case - An appraisal corporation: An appraisal corporation in the same day and an appraisal corporation in the same day.

D. On June 28, 2011, the Plaintiff sold the remaining land to M, and completed the registration of ownership transfer in M’s name on November 21, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 4-1 to 3, Gap evidence 6-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) As the value of the remaining land of this case, which constituted the instant incorporated real estate and a group of land, has decreased due to the instant project, the Defendant is obligated to compensate the Plaintiff for the amount equivalent to the value that has fallen down to the Plaintiff. 2) The Plaintiff sold the remaining land of this case and lost its ownership at present, and thus, there is no entitlement to claim compensation for damages for the decline in the value of the said remaining land (B).

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