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(영문) 창원지방법원 2018.11.14 2018구단10799
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Case history

A. In accordance with the decision of the Central Land Expropriation Committee on September 17, 2015 by September 17, 2015 and the decision of April 21, 2016, the Defendant expropriateds land listed in attached Table 1, which is owned by the Plaintiffs (hereinafter “land subject to expropriation”).

Meanwhile, the Plaintiffs filed a petition for adjudication seeking compensation for damages due to price decline, etc. with respect to the land listed in attached Table 2 (hereinafter “refinites, etc.”) adjacent to the land to be expropriated. However, the Central Land Tribunal rendered a judgment dismissing the Plaintiffs’ claim on October 19, 2017.

B. On May 26, 2015, the Plaintiffs filed an application for permission to open an access road and access road to the remaining land. However, the head of the Busan Regional Construction and Management Administration sent a reply to the Plaintiffs refusing the said application on June 8, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, and 8 (including branch numbers), Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ remaining land, etc. were land that can be built, such as entry and exit, gas stations, etc., and the instant project became a franchisor by the instant project. As such, compensation for economic losses arising from the use of remaining land, etc. that could have become a franchisor, should be granted.

B. (1) The main text of Article 73(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “If the price of remaining land is reduced or other losses are incurred due to the acquisition or use of part of a group of land belonging to the same owner, or the construction of a passage, ditch, fence, etc. or other construction works are necessary on the remaining land, the project operator shall compensate for such losses or construction expenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.”

Here, specific.

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