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(영문) 대구지방법원 2014.01.24 2012구합3257
손실보상금
Text

1. The Defendant: (a) KRW 160,772,400 to Plaintiff B and 5% per annum from September 11, 2012 to January 24, 2014; and (b).

Reasons

1. Details of ruling;

(a) Business approval and publication - Railroad construction projects from the port of the East Sea Line to the port of the East Sea (hereinafter referred to as the “instant project”) - D (Public announcement of approval of implementation plans) announced by the Ministry of Land, Transport and Maritime Affairs on March 20, 208, E (public announcement of approval of modification of implementation plans) on June 24, 2009, and F (public announcement of approval of modification of implementation plans and topographic drawings) on February 8, 2012 - Project operator: Defendant

B. The Central Land Tribunal’s ruling of expropriation (hereinafter “adjudication of expropriation”) dated 7, 201 - The land subject to expropriation (hereinafter “the land subject to expropriation”) divided into the land of 3,853 square meters in North-gu G Seo-gu, Chungcheongnam-gu (hereinafter “land prior to subdivision”) at the port prior to the division owned by the Plaintiff B (hereinafter “land prior to subdivision”) - The land subject to expropriation compensation amounting to KRW 1,184 square meters: 159,958,400: The land subject to expropriation compensation amounting to KRW 159,958,40: The land subject to the Plaintiff B’s claim for business compensation amount pursuant to Article 45 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”) was dismissed on the ground that the business compensation is impossible since the business was commenced after March 20, 208; the date of expropriation: the Korea Land Appraisal Corporation (hereinafter “Appraisal Corporation”)

C. The Central Land Tribunal made an objection on August 10, 2012 (hereinafter “Objection”) - Compensation for the instant expropriated land: 165,049,600 won; - Plaintiff B’s claim for extension of soundproof walls and change of road line type: In the event that a new factory is built by the owner of the land transferred to the remaining land, the project implementer would take measures through consultation with the owner for extension of soundproof walls and change of roads; thus, measures should be taken accordingly - An appraisal corporation: A Grade A certified public appraisal corporation, a stock company, and the Central Appraisal Corporation (hereinafter “Appraisal”)

D. The Central Land Tribunal’s ruling of expropriation on May 23, 2013 (hereinafter “Adjudication of expropriation”) - Subject to expropriation: Plaintiff A on the ground before subdivision.

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