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(영문) 대전지방법원 2020.12.24 2020구단100354
보상금증액
Text

The defendant's KRW 2,496,690 for the plaintiff and its 5% per annum from August 8, 2019 to December 24, 2020 for the plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: B (hereinafter referred to as “instant business”): Defendant - Business approval: Public notice of the Ministry of Trade, Industry and Energy on June 13, 2017;

B. The Central Land Tribunal’s ruling on the use on June 13, 2019 (hereinafter “the ruling on the use”): 1,321 square meters of the area equivalent to 1,321 square meters of land (hereinafter “the instant land”) to be used in a space between 21,321 square meters and 1,321 square meters in the area between 10,359 square meters of D forest in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant land”) owned by the Plaintiff for the purpose of passing through transmission lines: The date of commencement of use: 48,507,120 won

C. The result of the Court’s entrustment of appraisal (hereinafter “court appraisal”) - Compensation for the instant failure was assessed as KRW 51,003,810.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 3, the result of the request for appraisal to appraiser E by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) As to the divided superficies of the instant land, the amount equivalent to the difference between the reasonable amount of compensation according to the result of the court’s appraisal and the amount of compensation for using the land should be paid as additional compensation. 2) Since the remaining portion of the instant land excluding the area of the instant land (1,321mm2) has fallen due to the difficulty in trading due to the reasons such as environmental impairment caused by transmission lines, additional compensation due to decline in the value of the remaining land should be granted.

(b) as shown in the attached Form of the relevant statutes.

C. In a lawsuit concerning the increase or decrease of the amount of compensation for land expropriation compensation for the use of the ship in the instant case, each appraisal and the court appraiser’s appraisal, which form the basis of the adjudication, are considered in consideration of the remaining price factors except for the category of goods, and there is no illegality in the assessment methods.

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