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(영문) 의정부지방법원 2015.07.14 2015구합7086
보상금 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of confinement;

(a) A public announcement of project approval: A project approval for the construction project around the separate zone (No. 2-21 line) (hereinafter referred to as the “instant project”): Defendant on December 31, 2012, public announcement No. 2012-290 2);

B. The Central Land Expropriation Committee’s ruling of expropriation on August 22, 2013) held by the Plaintiff is 210m2 and 101m2 and 219-19m2 of land for each of the instant expropriation lands owned by the Plaintiff (hereinafter “each of the instant expropriation lands”).

(2) The date of commencement of expropriation for expropriation of each of the obstacles in this case: 46,404,80 won; 6,003,320 won each of the obstacles in this case; 2) the date of commencement of expropriation: October 15, 2013; 46,404,80 won each of the obstacles in this case;

2. The plaintiff's assertion

A. As a result of the expropriation of each of the instant accommodation land, the expropriation of each of the instant accommodation land came to remain as the remaining land in Nam-si, Nam-gu, Namyang-si, 2203-7 square meters of land for factory, 1,077 square meters, and 2203-9 land for factory (hereinafter “each of the instant lands”). Since the price of each of the instant lands is KRW 456,516,203, the Defendant shall purchase each of the instant land from the Plaintiff and pay KRW 456,516,203 to the Plaintiff.

B. The Defendant is obligated to transfer each of the obstacles of this case located in the land located in the 2199-18, Dong-dong, Dong-dong, Dong-dong, the Plaintiff, to the land desired by the Plaintiff.

3. Article 74(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) for the purpose of using the remaining land for its original purpose is substantially difficult due to the purchase or expropriation of part of a group of land belonging to the same owner through consultation, among the instant lawsuits, the relevant landowner may request the project operator to purchase the remaining land, and may request the competent Land Tribunal to expropriate it after the project approval has been granted.

In such cases, expropriation.

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