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(영문) 수원지방법원 2019.01.08 2018구합65836
손실보상금
Text

1. The Defendant’s KRW 217,311,00 for the Plaintiff and 5% per annum from August 18, 2017 to January 8, 2019.

Reasons

1. Details of ruling;

(a) Project name: 1) Project name: Public announcement of project implementation authorization for a development project B ( forestry culture experience facilities) 2: The defendant;

B. The subject matter of expropriation by the Gyeonggi-do Local Land Tribunal on July 3, 2017: E 144,873 square meters in light of light, and F 3 square meters in light of light (hereinafter “each of the instant land”).

2) Compensation for losses: 4,852,709,000 won (4,852,59,500 won) 4) Appraisal Corporation: G and H Co., Ltd.

(c) The Central Land Tribunal’s ruling on an objection made on May 24, 2018 (1) by the Central Land Tribunal: 2) An appraisal corporation: Each entry and the purport of the whole pleadings and arguments made by the appraisal corporation I, J (based on recognition) Co., Ltd., Ltd., J (based on recognition), Gap evidence 1 through 3 (including paper numbers), and Eul evidence 1 (including paper numbers)

2. Determination

A. Since the amount of compensation determined by the Plaintiff’s instant expropriation ruling falls short of the market price, the Defendant is obligated to pay the difference between the pertinent compensation and the pertinent compensation amount to the Plaintiff.

B. The facts of recognition 1) Each of the instant lands is located near K L located in light of light, and the surrounding land is a forest zone, which is a natural forest, and there is a two-dimensional highway, etc., but it is difficult to access the land due to the ground. In general, traffic conditions are somewhat difficult. In addition, there is a creation of a natural forest where pine trees, etc. grow, and a natural forest is designated as a green-belt area under the National Land Planning and Utilization Act and the Enforcement Decree thereof, and a court appraiser and a court appraiser are designated as a development-restricted area. 2) The land appraiser and the court appraiser are located in the vicinity of the instant land, located in the same special-purpose area and the surrounding environment are the same as that of the instant land, and the compensation amount is calculated through the comparison standard method, time revision, regional and individual comparative factors, and other factors.

[Ground of recognition] The facts without dispute, the evidence before the dispute.

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