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(영문) 수원지방법원 2015.07.23 2013구합13830
손실보상금
Text

1. The Defendant’s KRW 22,109,942 as well as the Plaintiff’s annual rate of 5% from September 11, 2013 to July 23, 2015.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Housing site development project (B; hereinafter referred to as “instant project”): Defendant on December 31, 2008, publicly notified by the Ministry of Land, Transport and Maritime Affairs on April 5, 2012, D public notified by the Ministry of Land, Transport and Maritime Affairs on April 24, 2012 - Project operator E publicly notified by the Ministry of Land, Transport and Maritime Affairs;

B. The Central Land Tribunal’s ruling of expropriation (hereinafter “instant ruling”) on July 18, 2013 - The land to be expropriated: 1,717/3,700 of F forest land 2,716 square meters at the time of strike (hereinafter “instant land”): Compensation for losses: 602,265,950 won: the date of commencement of expropriation: September 10, 2013: An appraisal corporation: An appraisal corporation at the date of the resolution of the merger plan, the dialogue appraisal corporation at the resolution of the merger plan (hereinafter “each appraisal corporation,” and “each appraisal appraisal”; hereinafter the same shall apply) [based for recognition]; the fact that there is no dispute on the appraisal result; the document under subparagraph 1 and subparagraph 2 (including the number; hereinafter the same shall apply); each statement, and the purport of the entire pleadings.

2. Determination

A. The plaintiff's assertion that the land of this case was assessed as forest and road by evaluating the use status of the land of this case as forest and road, but the amount of compensation was calculated. However, since the plaintiff had a construction permit for new construction of a factory from the competent authority and carried out the construction project to create the site, the form and quality of the land

Therefore, the compensation for losses should be calculated by evaluating the land in this case as land for factory, which is the actual situation of use.

B. 1) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to determine whether a change in the form and quality has been completed (hereinafter “Land Compensation Act”).

Article 70 (2) shall be calculated in consideration of the actual conditions of use at the time of the price and the objective conditions of use at the time of the price, but it shall be based on the premise that the land owner or person concerned should use it for temporary use, subjective value of land owner or person concerned, and for special purposes.

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