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(영문) 수원지방법원 2019.11.28 2019구합60289
손실보상금
Text

1. The Defendant’s KRW 1,456,110 as well as the Plaintiff’s annual rate of KRW 5% from July 5, 2018 to June 4, 2019, and the following.

Reasons

The project approval process and the name of the public announcement of the project: Private investment project (B; hereinafter “instant project”): The public announcement of the Ministry of Land, Infrastructure and Transport on February 8, 2017 and the public announcement of the Ministry of Land, Infrastructure and Transport on December 19, 2017: D project implementer: the Plaintiff, which was partially incorporated into the Plaintiff’s land, owned a 1,240 square meters of land (hereinafter “land before subdivision”). Pursuant to the public announcement above, the 49 square meters of land before subdivision was incorporated into the instant project district (hereinafter “instant incorporated land”) and thus, the 741 square meters of land before subdivision (hereinafter “the remaining land”).

On May 10, 2018, the Central Land Expropriation Committee filed a claim with the Central Land Expropriation Committee for the compensation for losses incurred in relation to the land incorporated into the instant land and the compensation for losses equivalent to the value decline of the remaining land of this case. On May 10, 2018, the Central Land Expropriation Committee decided to accept the claim for the depreciation of the remaining land of this case as KRW 66,69,600 (the date of commencement of expropriation July 4, 2018), while the amount of compensation for losses incurred in the instant incorporated land was KRW 6,69,600 (the date of commencement of expropriation).

On December 12, 2018, the Central Land Expropriation Committee filed an objection against the said adjudication of expropriation, but the Central Land Expropriation Committee rendered a ruling dismissing the Plaintiff’s objection on December 12, 2018.

As a result of the court appraisal, G appraiser G assessed the amount of compensation for losses for the incorporated land as KRW 67,155,420, and the amount of compensation equivalent to the decline in the value of the remaining land of this case as KRW 1,000,350, respectively.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5 (including branch numbers), each appraisal result of appraiser G, each appraisal result of appraiser G, and the ground for claim of the whole pleadings.

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