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(영문) 전주지방법원 2018.05.10 2016구합350
토지수용에대한보상금증액청구
Text

1. The Defendant’s KRW 7,122,720 as well as the Plaintiff’s annual rate of KRW 5% from February 13, 2018 to May 10, 2018.

Reasons

1. Details of ruling;

A. Approval and Public Notice of Project - Project Name: B Project - Project operator: Defendant - A public announcement of project approval: Public Notice of Jeollabuk-do on November 26, 2010

(b) Decision on expropriation made on October 7, 2015 - Persons subject to expropriation by the Provincial Land Tribunal of Jeollabuk-do: D response 5,935.6 square meters (hereinafter “instant land”): on December 1, 2015 - Compensation for losses: on December 1, 2015 - Central Appraisal Corporation, a State Appraisal Corporation (applicable to recognition): on December 1, 2015 - The fact that there is no dispute over the issue of whether there is a Central Appraisal Corporation, a State Appraisal Corporation (applicable to recognition; hereinafter the same shall apply), A evidence 2, Eul evidence 10, and 11, and the purport of the entire pleadings as a whole.

2. The plaintiffs' assertion and judgment

A. 1) Since sand accumulated on the instant land is of economic value separate from the instant land, the Defendant is obligated to pay the Plaintiff compensation amounting to KRW 20,000,000 equivalent to the said sand value. 2) The compensation for the adjudication on expropriation of the instant land related to the instant land was excessively lower compared to the value of the instant land.

Therefore, the Defendant is obligated to pay the Plaintiff the remaining money after deducting the compensation for expropriation from the reasonable compensation for losses for the instant land.

B. 1) As to the assertion regarding the instant sand, the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) is applicable.

Article 75(3) applies only where soil, stones, sand or gravel belonging to land is subject to acquisition or use separately from the land concerned.

reasonable price assessed by considering the transaction price, etc. shall be compensated for.

“The Court determines”.

"Cases where soil, stones, sand, or gravel is separately acquired or used from the land in question" in the above provision shall be legitimate in changing the form and quality of the land or quarrying collection with respect to the land subject to expropriation to which soil, stones, sand, or gravel belongs.

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