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(영문) 수원지방법원 2015.12.16 2015구합61246
잔여지가치하락손실보상금
Text

1. The Defendant: (a) from August 7, 2009 to December 16, 2015, respectively, to Plaintiff A and Plaintiff B with KRW 2,763,300.

Reasons

1. Details of ruling;

A. On March 28, 2008, the Minister of Land, Transport and Maritime Affairs publicly announced “E Highway Private Investment Project” (hereinafter “instant public project”) as DD publicly announced by the Ministry of Land, Transport and Maritime Affairs, and determined the project implementer for the compensation-related business as the defendant.

B. On the other hand, Korea completed the registration of ownership transfer based on an agreement on the acquisition of public land with respect to the portion of F 4,173.9 square meters and G 2,393 square meters owned by Plaintiff A and B in the Sungsung-si, where Plaintiff A and B own each share of 1/2 for the said business, and the details are as follows.

(2) On March 7, 2011, 201, 2011, 2011, 2011.30 m2, 201.30 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,00 m2,000 on August 4, 2011

On March 25, 2013, the expressway construction project under the above project completed the construction completion procedure after completing the construction, and was opened on March 28, 2013.

The Plaintiffs filed a claim with the Defendant for compensation for the decline in the value of the remaining land of this case, and applied for compensation adjudication with the Central Land Expropriation Committee because it did not reach an agreement with the Defendant, and on January 22, 2015, the Central Land Expropriation Committee rendered a judgment that the Plaintiffs would not compensate for the decline in the remaining land of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap 2 through 5, Eul 1 through 3 (including each number), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. Pursuant to Article 73(2) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Land Compensation Act”), the Defendant’s claim for compensation for losses following the decline in the value of remaining land may not be filed one year after the completion date of construction of the relevant project.

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