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1. Of the instant lawsuit, the part of the claim for compensation following the decline in the value of the remaining land shall be dismissed.
2. The defendant shall be the plaintiff.
Reasons
1. Details of ruling;
A. The Plaintiff was the owner of B 83 square meters of paddy field and C 7,287 square meters of land for a factory in Yangju-si (hereinafter the above two parcels of land are collectively referred to as “each of the instant parcels of land,” and the parcel number is specified only when each parcel of land is installed).
C The transfer registration of ownership was completed in the name of F, G, and H on May 15, 2018, after the decision to use the land was made on the following look at.
B. The Defendant established an implementation plan for the “D Business (Secondary)” (hereinafter “instant business”), which is an electric source development business, and obtained approval from the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy publicly announced it as E by the Ministry of Trade, Industry and Energy on April 25, 2016.
C. The Defendant filed an application with the Central Land Expropriation Committee for a decision on the use of divided superficies on September 7, 2017, as the part to be incorporated into the instant project among each of the instant land (a public space from 26 to 51m in the airspace above 3m to 26m, and a public space from 27m to 52m in the airspace above the surface of 25m among the land in C, and each of the instant land in this case; hereinafter referred to as “the remainder”; hereinafter referred to as “the remaining part”) did not reach an agreement on the establishment of divided superficies between the Plaintiff and the Plaintiff. The Central Land Expropriation Committee, on September 7, 2017, applied for a decision on compensation for divided superficies of KRW 3,675,440 (i.e., compensation for divided superficies of KRW 188,070 in compensation for divided superficies on the land not on B (i.e., compensation for divided superficies of KRW 3,487,370), and decided to use on October 317.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The pertinent compensation for divided superficies on the ground that each of the instant vessels did not take place is KRW 4,615,640 (=the divided superficies of KRW 231,070 on the ground that divided superficies of KRW 231,070 on the ground that did not take place B), and the Defendant is above the Plaintiff.