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(영문) 수원지방법원 2016.01.20 2013구합9831
수용보상금증액등
Text

1. The Defendant’s KRW 301,441,54 to the Plaintiff, as well as KRW 5% per annum from September 22, 2012 to January 20, 2016.

Reasons

1. Details of ruling;

(a) Designation of an industrial complex and approval of a development plan for the industrial complex - Business name: C General Industrial Complex Development Project (hereinafter referred to as the “instant project”): Public notice: D/ Gyeonggi-do public notice on May 2, 2008, and Gyeonggi-do public notice on February 26, 2010 - Business operator E: F Co., Ltd. (hereinafter referred to as “F”);

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on August 23, 2010 (hereinafter “the first ruling of expropriation”) - The Plaintiff filed an application for the ruling of expropriation with F on April 9, 2010, and F filed an application for the ruling of expropriation with the Local Land Tribunal of Gyeonggi-do on April 12, 2010 - The object of expropriation is ten land, namely, 14,839 square meters of Pyeongtaek-si land owned by the Plaintiff (hereinafter “instant land”): 10 land, other than 10 square meters of Pyeongtaek-si land owned by the Plaintiff (hereinafter “instant obstacles”; hereinafter “instant land”; hereinafter “instant land and obstacles”), plus the “instant land”: 3,28,468,50 won for the instant land and obstacles (i.e., land 3,19,457, 500 won, 201,1,000 won for the purpose of expropriation: Da393,200.

1) The F did not pay or deposit the compensation by the beginning date of the first expropriation ruling, and thereby, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Pursuant to Article 42(1), the first expropriation ruling became void. 2) After that, according to the C General Industrial Complex Development Plan and the Public Notice of Amendment to the Implementation Plan (Public Notice I of Gyeonggi-do), the operator of the project of this case was changed from F to the Defendant and the method of development from the private development to the private joint development.

The ruling of acceptance by the local Land Tribunal of Gyeonggi-do on July 24, 2012 (hereinafter referred to as "the ruling of acceptance by the local Land Tribunal of Gyeonggi-do").

- The Defendant applied for adjudication of expropriation to the Gyeonggi-do Regional Land Tribunal on January 30, 2012 - The amount of compensation for losses for the land and obstacles in this case: KRW 3,570,091,00 (=land 3,534,152,00 obstacles in KRW 35,939,000 - The first expropriation ruling.

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