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(영문) 창원지방법원 2016.02.02 2015구합21344
토지수용이의재결처분취소등
Text

1. The Defendant’s KRW 910,252,00 for the Plaintiff and KRW 5% per annum from November 19, 2014 to February 2, 2016.

Reasons

1. Details of ruling;

(a) Details 1 of the public works (hereinafter referred to as the “instant project”): The project operator who performs the construction works on the B Highway (PP) 2: Defendant 3 road zone and the public notice thereof: The Ministry of Land, Transport and Maritime Affairs announced on July 6, 201;

B. The incorporated land is 2,294 square meters of a factory site D (hereinafter “instant incorporated land”). The incorporated land in the instant case is 5,172 square meters of a factory site E in Kimhae-si before division (hereinafter “instant land before division”).

The portion of the land incorporated into the instant project is divided, and the land before the instant division is the land incorporated into the instant project and the land before the instant division is 1,144 square meters for land E in Kimhae-si (hereinafter “E land”).

(2) In addition, 16 square meters of land for a F factory and 1,718 square meters of land for a G (hereinafter “the remaining land”).

(ii) was divided into:

C. The Plaintiff’s assertion on expropriation by the Central Land Expropriation Committee on September 25, 2014 (hereinafter “instant expropriation adjudication”): The land owned by the Plaintiff, which was not acquired through consultation, and land owned by the Plaintiff and land owned by H 139 square meters in Kimhae-si (hereinafter “the remaining land”).

(2) and 2) request to purchase the remaining land - Details of the ruling - The remaining land subject to expropriation and compensation for losses: E land, 567,652,800 won: the date of expropriation: November 18, 2014 - In the case of the remaining land 1, the land outside the project district is not used as a "factory site" in accordance with the general usage method, and it cannot be deemed the remaining land, and in the case of the remaining land 2, it cannot be deemed to be significantly difficult to use it for the previous purpose, and thus, the claim for expropriation 1 and 2 shall be dismissed.

The Central Land Tribunal's ruling on April 23, 2015 - Contents of adjudication: The plaintiff's objection is dismissed on the same ground as the adjudication on expropriation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the Plaintiff’s land before the instant partition and the remaining land before the instant partition.

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