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(영문) 대전지방법원 2020.12.10 2020구단100316
토지수용에 대한 보상금 증액 청구의 소
Text

The defendant shall pay 25,598,250 won to the plaintiff and 12% per annum from December 11, 2020 to the day of complete payment.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - B (hereinafter “instant project”) - Public notice given by the Daejeon Regional Land Management Office on September 28, 2012 - Project implementer C: Defendant

B. The Daejeon Metropolitan City Land Tribunal’s ruling of expropriation on December 27, 2018 (hereinafter “adjudication of expropriation”): 1,162 square meters of D forest land, E-2 square meters of forest land, 50 square meters of forest land, 141 square meters of G forest land (hereinafter “instant land”) owned by the Plaintiff in the instant project district, and - The date of expropriation commencement: - Compensation for losses on February 11, 2019 - Compensation for losses: 1,042, 971, 750 won (the instant land) / 2,935,000 won (branch property) owned by the Plaintiff in the instant project district.

C. The result of the court’s entrustment of appraisal of the instant land (hereinafter “court appraisal”) was assessed as KRW 1,068,570,000 on the date of the ruling of expropriation based on the miscellaneous land and parking lot, which is currently the current status of the use of the instant land.

(A) The plaintiff filed a claim for the increase in compensation for losses only for the land in this case). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1 (including additional numbers), the result of the court's entrustment of appraisal to appraiser H, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s claim for the increase of compensation for losses on the instant land is sought.

Since the land of this case is classified as a forest and field, but has been changed legally into a site, the land of this case should be compensated and assessed as “site where a building permitted in an industrial area can be immediately constructed” rather than “miscellaneous land and parking lot,” and the “miscellaneous land and parking lot” which is currently used is merely temporary use.

B. 1) Determination 1) In order to calculate the amount of compensation due to the original state of use or the current state of use at the time of changing the form and quality of the land to be expropriated temporarily or for the reason that the land to be expropriated is a land with an unlawful change of its form and quality, such exceptional cases are the same.

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