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(영문) 부산지방법원 2018.10.19 2018구합20130
손실보상금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Project approval and announcement project name: A project operator of an urban planning facility project (D national highway construction project; hereinafter “instant public project”): The public notice of Busan Regional Land Management Office under the Defendant’s Busan Regional Land Management Office on July 7, 2014, Plaintiff B was the mother of Plaintiff A and C, and Plaintiff B owned 3/8 shares in each of the instant real estate, and Plaintiff C owned 2/8 shares in each of the instant real estate on July 7, 2014.

The Defendant: (a) divided the instant real estate into Kimhae-si G (hereinafter “instant land”); and (b) acquired it by agreement.

Plaintiff

C On February 21, 2017, an applicant filed a claim with the Busan Regional Land Management Office, which is the project implementer, to purchase the remaining land of 336 square meters (hereinafter “the remaining land of this case”). However, on April 24, 2017, the applicant received a reply for non-purchase of the remaining land.

Plaintiff A requested the Central Land Expropriation Committee to expropriate the remaining land of this case, but the Central Land Expropriation Committee dismissed the request for expropriation on September 7, 2017.

(hereinafter “instant acceptance ruling”). The said ruling was served on November 27, 2017 on the Plaintiff.

【Ground of recognition” without dispute, Gap evidence Nos. 1 and 9 (including the provisional number), the assertion of the purport of the entire pleadings, and the plaintiffs’ assertion that the real estate was owned by the plaintiff Eul. The plaintiff Gap removed a long building and had a plan to reside in the remaining land of this case by newly constructing it. However, due to the expropriation due to the public works of this case and the designation of a clearance zone resulting therefrom, a large portion of the remaining land of this case was designated as a clearance zone. The shape of the remaining land of this case was considerably reduced due to the deviation from the rectangular shape, and the noise pollution is considerable to the remaining land of this case due to the road of category No. 1 which will be constructed on the expropriated land.

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