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(영문) 서울행정법원 2017.02.16 2015구합61191
수용재결취소등
Text

1. Of the instant lawsuit, compensation for losses incurred due to the decline in the remaining land value, KRW 450,517,00 and damages for delay.

Reasons

Project approval and public announcement of the process of adjudication - Project approval and public announcement of project: Road project (B Highway Public-Private Partnership Project : hereinafter referred to as “instant road project”): Public announcement of the Ministry of Land, Transport and Maritime Affairs on June 5, 2012 - Project operator: Defendant Central Land Expropriation Committee’s adjudication on expropriation on August 21, 2014 - Project operator: 12,443 square meters of forest land E-ri (hereinafter referred to as “Eri”) on October 14, 2014 (hereinafter referred to as “F forest before division”) were expropriated on 3,21 square meters of forest land and 6,526 square meters of forest land (hereinafter referred to as “F forest”) on November 3, 2014, and was divided into 3,213 square meters of forest land, G 3,213 square meters of forest and forest (hereinafter referred to as “instant forest”), H2, and F4 square meters of forest and forest (hereinafter referred to as “the remaining forest”).

- Compensation date: - Compensation date for losses on October 14, 2014: The Central Land Expropriation Committee of KRW 151,01,000 (hereinafter “Central Land Expropriation Committee”)’s ruling on March 26, 2015 - Compensation for losses: The Plaintiff’s assertion on the increase in compensation for losses as to the entries in subparagraphs 1 through 5, and 1 through 3 (including the number of houses attached with a serial number), the entire pleadings, and the Plaintiff’s assertion on the determination of the purport of the overall pleadings, and the Plaintiff’s assertion on the increase in compensation for losses, changed the form and quality of 3,50 square meters out of the above forest to a new elderly care facility at 3,500 square meters out of the F forest before the split-off. However, since the Defendant’s expropriation of the forest of this case, which is part of F forest before the split-off, thereby making it impossible for the Plaintiff to pay compensation for losses on the remaining land after changing the form and quality of the forest of this case to the Plaintiff.

Facts of recognition

Gap 1.

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