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(영문) 춘천지방법원 2020.10.13 2018구합51735
손실보상금
Text

1. The defendant stated on the "amount increased by each plaintiff" in the attached Form 3 calculation statement to the plaintiffs, and the money and the above.

Reasons

1. Details of ruling;

(a) Project approval and public notice 1) Project name: Project operator B development project: Main City Mayor and the Intervenor’s Intervenor’s Intervenor’s Intervenor’s project approval: C public notice on March 17, 2017;

B. On December 28, 2017, the Gangwon-do Local Land Tribunal rendered a ruling of expropriation of each land listed in the attached Table 2 attached hereto (hereinafter collectively referred to as “instant land,” and when each land is individually referred to, it shall be specified only as Dong name and lot number, such as “D land”), based on the premise that the actual state of use is deemed as shown in the “current Status” column of “land category” as indicated in the same Table, and made a ruling of expropriation on January 28, 2018 (hereinafter referred to as “instant ruling of expropriation”).

C. The Plaintiffs raised an objection against the adjudication on expropriation of this case on the ground that the Central Land Expropriation Committee ought to fix the actual state of utilization of the land of this case.

On July 19, 2018, with respect to the portion of the instant land used previously through clearing, etc., the Central Land Expropriation Committee: (a) made it unclear that it was used previously in 1969; or (b) changed the land which was partially used previously in 1969 was not used previously in 2016; (c) in 1969, if the cultivation area was reduced during 2016, the land was used previously in 2016, it shall be compensated for the forest; and (d) in the case of the land which was continuously used from 1969 to 2016, it shall be compensated for the land that was used continuously in 1969 to 2016; and (e) determined the amount of the land compensation for the Plaintiffs to be compensated for the losses in attached Form 2 to each amount stated in the column for “the amount of adjudication on expropriation” in attached Table 2 (hereinafter “instant adjudication”).

[Ground for recognition: Unsatisfy, Gap evidence 2 and 3 (if any),

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