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(영문) 서울중앙지방법원 2018.05.18 2017가합572570
협의취득대금 청구의 소
Text

1. The Defendant’s payment to the Plaintiffs as stated in the “amount of personal use” as stated in the attached Table, as well as KRW 4,100,000, respectively.

Reasons

1. Basic facts

A. The Plaintiffs owned each land indicated in the “land acquired through consultation” column in attached Table (hereinafter “each land of this case”).

On December 16, 2005, the Defendant entered into a contract with the Plaintiff A, B, C, and December 21, 2005 under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) (hereinafter “each of the instant contracts”).

B. At the time of conclusion of each contract of this case, the Defendant evaluated the current status of each land of this case as forest land according to the land category recorded in the public register and calculated the sales price as stated in the column of “forest compensation”

C. According to the terms of each of the instant contracts, “A (Buyer)” and “B (seller)” may claim to the other party for the excess amount, and “A (Buyer)” and “B (seller)” may immediately pay or return the amount claimed by the other party (Article 4(3)).

The provisions of the Land Compensation Act and the Enforcement Rules of the Land Compensation Act related to this case shall be as follows:

Article 67 of the Land Compensation Act (1) The computation of compensation amount shall be based on the price at the time of conclusion of consultation in cases of consultation, and on the price at the time of adjudication on expropriation or use in cases of adjudication.

Article 70 (Indemnity for Land to be Acquired) (2) The amount of indemnity for land shall be calculated in consideration of the actual situation at the time of the price and the objective situation according to the general method of use, but it shall not be considered in cases where it is based on the premise that it is to be used for temporary use, subjective value of landowners

Article 24 of the Enforcement Rule of the Land Compensation Act (Evaluation of Unauthorized Buildings, etc. or Land, Form and Quality Change).

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