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(영문) 서울행정법원 2017.12.07 2016구합4409
토지수용보상금증액
Text

1. Of the instant lawsuit, the part of the claim relating to B 473 square meters prior to Pakistan shall be dismissed.

2. The defendant shall pay 7,482,300 won to the plaintiff.

Reasons

1. Basic facts

(a) Business plan and public notice - Business name: C - Business name: D public notice of the approval of a business plan on August 27, 2015 - Business operator: Defendant

B. The Central Land Tribunal’s ruling on expropriation on March 24, 2016 - Land subject to expropriation: E prior to the date of expropriation (hereinafter “land subject to expropriation”): May 17, 2016 - Compensation: 142,01,000 won (hereinafter “compensation for expropriation”) (hereinafter “the Plaintiff”) in addition to the land subject to expropriation in the instant case, in addition to the land subject to expropriation in the instant case.

(3) The grounds for the determination of the Central Land Tribunal that the Plaintiff and the Defendant were not subject to the adjudication on the ground that there was no consultation procedure between the Plaintiff and the Defendant] The Central Land Tribunal claimed the compensation for losses against the Plaintiff, and the purport of the entire pleadings as follows: (a) there was no dispute between the Plaintiff and the Defendant; (b) evidence Nos. 1, 2, and 2-1, 2-2

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. We examine ex officio the determination as to the legitimacy of the claim for the compensation of the remaining land in the instant lawsuit.

Article 73(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “If the price of remaining land is reduced or other losses are incurred due to the acquisition or use of part of a group of land belonging to the same owner, or if the construction of a passage, ditch, fence, etc. or other construction works are necessary on the remaining land, the project operator shall compensate for such losses or construction expenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the sum of the reduced price of the remaining land and construction expenses on the remaining land exceeds the price of the remaining land, the project operator may purchase such remaining land.”

In full view of the contents and legislative intent of Article 73 of the Land Compensation Act and Articles 34, 50, 61, and 83 through 85 of the same Act, the Land Compensation Act by the landowner.

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