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(영문) 창원지방법원통영지원 2014.07.17 2014가단3329
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 27, 1974, the Plaintiff completed the registration of ownership transfer due to the inheritance of property with respect to Tong Young-si B.

B. On December 27, 1990, the above land was divided into the B miscellaneous land B 749 square meters (hereinafter referred to as “C only”), D miscellaneous land 665 square meters, E miscellaneous land 203 square meters, and F miscellaneous land 39 square meters.

C. In December 2008, the Defendant acquired the above land by means of the adjudication of expropriation by the Land Expropriation Committee at the Superior-do Regional Land Expropriation Committee (223,939,200 won) on May 4, 201, on the following grounds: (a) the Defendant had agreed on compensation for the said land owned by the Plaintiff, but did not reach an agreement; (b) the Defendant obtained the said land.

On July 15, 201, the Central Land Expropriation Committee filed an objection against the said adjudication on expropriation, set the amount of compensation at KRW 138,900 per square meter with respect to the said B and E land, and made a ruling to change the total amount of compensation from KRW 223,939,200 to KRW 225,583,200 with respect to D and F land by setting the amount of compensation at KRW 132,60 per square meter.

E. The plaintiff did not institute an administrative litigation against the above adjudication by the Central Land Expropriation Committee, and the adjudication became final and conclusive. Accordingly, the defendant deposited the total amount of KRW 225,583,200.

[Ground] Facts without dispute, Gap's evidence Nos. 1 and 2 each 1 to 4, Eul's evidence Nos. 1, 3 to 6, the purport of the whole pleadings

2. On December 27, 1990, the summary of the Plaintiff’s assertion was divided into four parcels into the wind that the Defendant opened a road different from the originally planned urban planning line.

As a result, the difference between B, E, and D, and F’s indemnity amounting to KRW 6,300 per square meter (B, E’s indemnity amounting to KRW 138,90,00 - D and F’s indemnity amounting to KRW 132,60) in the land compensation process, the Plaintiff was compensated for less than KRW 4,435,20 (amounting to 6,300 per square meter x 6,300 x total area of D and F’s indemnity amounting to less than the legitimate indemnity amount.

In addition, the plaintiff is an amount of 12% less than the amount of lawful compensation for losses, which is assessed as 138,900 won per square meter.

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