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(영문) 대구지방법원 2020.10.21 2019구합1465
토지수용에 대한 보상금증액
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of ruling;

(a) 1) Project name: Road project approval (C Expressway construction works (Korean Expressway 6) 2): D3 project operator announced by the Ministry of Land, Infrastructure and Transport on January 13, 2017: Defendant;

B. Subject to expropriation by the Central Land Tribunal on May 9, 2019: The land subject to expropriation by the Central Land Tribunal is as indicated in the column of land subject to expropriation on the attached compensation table (hereinafter “each land of this case”).

(2) The date of commencement of expropriation: An appraisal corporation: E appraisal corporation and F appraisal corporation’s compensation for losses: The same shall apply to the entries in the column for the adjudication on expropriation of the attached compensation table.

(c) An appraisal corporation of the Central Land Tribunal on October 24, 2019: The Central Land Tribunal’s adjudication 1) shall include G appraisal corporation and H appraisal corporation’s compensation for losses: The same shall apply to the entries in the column for the amount of the adjudication on the attached compensation sheet.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 3, 5, and 6, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The Plaintiffs’ compensation for losses recognized in the adjudication procedure on each of the instant lands is considerably low to approximately 1/8 of the price at the time of purchase of each of the instant lands on May 29, 2013, and is unfair. The reasonable compensation for losses should be at least 16,250,000 won for each of the instant lands.

Therefore, the defendant is obligated to pay to each of the plaintiffs about 14,100,000 won, which is the difference between the money as stated in the separate sheet of compensation recognized in the adjudication procedure and the amount for delay as stated in the separate sheet of compensation amount, and to pay each of the above damages for delay.

B. In a lawsuit seeking an increase in compensation for losses under Article 85(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Plaintiff is liable to prove that the amount of reasonable compensation exceeds the amount of compensation for losses determined by the said ruling.

(see, e.g., Supreme Court Decisions 96Nu2255, Nov. 28, 1997; 2003Du12226, Oct. 15, 2004). However, each of the instant cases is based solely on the circumstances asserted by the Plaintiffs.

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