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(영문) 수원지방법원 2014.02.06 2012구합11424
토지수용보상금증액
Text

1. The Defendant’s KRW 65,177,700 for the Plaintiff and 5% per annum from March 20, 2012 to February 6, 2014.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing Project (B): The defendant

(b) The Central Land Expropriation Committee’s ruling on expropriation on February 17, 2012 - D 839 square meters and E 13 square meters (hereinafter “instant land”; hereinafter “each of the instant land”): The starting date of expropriation: March 19, 2012 - Compensation: 1,566, 30,200 won: D - An appraisal corporation and one appraisal corporation.

C. Determination by the Central Land Tribunal as of July 20, 2012 – Compensation: 1,574,085,400 won - An appraisal corporation: An appraisal corporation; and an appraisal corporation (hereinafter referred to as “appraisal”) with an appraisal appraisal corporation and a light-day appraisal corporation (hereinafter referred to as “appraisal appraisal corporation”); the result of the appraisal is without dispute (based on recognition); Gap’s evidence 10-1, 2, and Eul’s evidence 2-3, 4, and 3-4-3, and 4-4; the purport of the entire pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The key land in this case falls under the non-unclaimed land constructed due to the Saemaul project, and thus, it should be evaluated as the site at the time of incorporation into the road as a site for use.

(2) Compensation for losses for each of the instant lands calculated by the appraisal of adjudication is remarkably lower than the market price.

(b) Article 25 (Evaluation of Unclaimed Land) (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for relevant Acts and subordinate statutes (hereafter referred to as "unclaimed land" in this Article) (hereinafter referred to as "unclaimed land") shall be assessed by presenting the current status of use as at the time of incorporation into the previous public

Provided, That where the status of use at the time of incorporation into the previous public works is unknown, it shall be appraised in consideration of the land category at the time of incorporation and the status of use of neighboring land

(2) A project operator under paragraph (1).

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