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(영문) 대구지방법원 2017.04.28 2016구합22645
토지등 수용에 대한 보상금증액등
Text

1. Of the instant lawsuit, the part concerning the claim for the increase of compensation for losses with respect to the size of 307 square meters in Cheongbuk-gun, Cheongbuk-do.

2...

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: C Construction works - Public notice: D public notice of the Ministry of Trade, Industry and Energy on February 18, 2016 - Business operator: Defendant;

B. The Central Land Tribunal’s ruling of expropriation on August 25, 2016 (hereinafter “the instant ruling of expropriation”): Each land subject to expropriation (hereinafter “each land subject to expropriation”) indicated in the column for “subject to expropriation” in attached Table 1 Table 1: The “instant land,” the trees of which are “each land subject to expropriation,” the remainder other than the trees,” the “instant obstacles,” the “instant operating profits,” and the “expenses for the relocation of E facilities,” refers to the cost for the relocation of the instant facilities. - An appraisal corporation: A State’s appraisal corporation, an appraisal corporation, a corporation, a corporation, a foreign appraisal corporation, and a F Appraisal Board (hereinafter “adjudication appraisal”): The amount indicated in the column for “appraisal compensation” in attached Table 1: the starting date of expropriation: September 26, 2016.

As a result of the court's appraisal entrustment to the Korea Forest Evaluation Institute of Trees, the appraiser assessed the adequate compensation for the trees of this case as stated in the "court appraisal compensation" column of attached Table 1. As a result of the court's entrustment of appraisal to the Pacific Appraisal Corporation of this case, the appraiser assessed the adequate compensation for the remaining land of this case except for the trees of this case as stated in the "court appraisal compensation" column of attached Table 1.

(hereinafter referred to as “each court’s appraisal”). 【No dispute over the grounds for recognition”, Gap’s evidence 1 through 6, Eul’s evidence 1 through 5 (including numbers; hereinafter the same shall apply), the Korea Trees Evaluation Institute of this Court, the Pacific Appraisal Corporation’s results of each appraisal commission to the Pacific Appraisal Corporation, the purport of the entire pleadings as a whole.

2. Articles 34, 50, 61, 73, and 83 through 83 of the Public Works Act as to the legitimacy of the portion of the claim regarding the land B, Cheongdo-gun.

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