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(영문) 대전지방법원 2018.08.09 2016구합106451
손실보상금
Text

1. The Defendant: (a) 26,844,750 won to Plaintiff B; (b) 9,320,250 won to Plaintiff C; (c) 3,563,100 won to Plaintiff D; and (d) 40,745.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: L development projects (L development projects; hereinafter referred to as “instant public works”): The public notice of the Ministry of Land, Infrastructure and Transport’s announcement (No. 23, 2014) by the Ministry of Land, Infrastructure and Transport (No. 19, 2015)

(b) Project operator: Defendant and Daejeon Metropolitan City;

C. The Central Land Expropriation Committee (as of March 24, 2016) - Land subject to expropriation: The land listed in the attached Table 2 list (hereinafter “instant land”) - The starting date of expropriation: May 17, 2016.

The Central Land Tribunal's objection (as of November 24, 2016) - Compensation for losses: Money stated in the corresponding column of "amount of objection" as stated in attached Table 3 (Provided, That in the case of Plaintiff I, however, the objection against the adjudication of expropriation was dismissed, and the amount stated in the corresponding column was indicated as compensation for losses for the adjudication of expropriation): [The grounds for recognition: Evidence Nos. 1 through 5 (including serial numbers; hereinafter the same shall apply)

(2) 【Each entry】

2. Summary of the plaintiffs' assertion

A. Before the public project approval of the instant public project was publicly announced, the OO city accelerating road (hereinafter “instant urban planning facility road”) was designated on the right side of the instant public project zone and was publicly announced as a topographic map. However, the said urban planning facility road was abolished upon the implementation of the instant public project.

Therefore, according to Article 28 of the Land Compensation Guidelines, the existence of the above urban planning road should be reflected in assessing the compensation price of the land in this case, pursuant to Article 28 of the Land Compensation Guidelines, which states that the topographical map for urban management planning under Article 32 of the National Land Planning and Utilization Act is linked to the roads of urban planning facilities, regardless of whether it is directly related to the relevant public works.

Nevertheless, according to the court's entrustment of appraisal of compensation for losses on the instant land (hereinafter "court's appraisal"), appraiser P is below.

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