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(영문) 전주지방법원 2017.09.28 2016구합2196
손실보상금증액
Text

1. The part concerning the claim for farming compensation and appraisal costs among the instant lawsuit shall be dismissed.

2. The defendant shall pay 25,190,900 won to the plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B (Ij) - Project operator: Defendant - Public notice: C, public notice of the following cities on August 1, 2014: D, public notice of the following cities on September 19, 2014;

B. Decision on expropriation made on March 29, 2016 by the Governor of the Jeollabuk-do Regional Land Tribunal - Subject to expropriation: The Plaintiff’s assertion that the compensation for the instant land is unreasonable since the amount of compensation for the land in question differs from the amount of compensation for neighboring land, 363,878,100 won in total, and the sum of the obstacles in this case 2,50,000,000 won in total, 363,831m2, F 2,631m2, G 2,473m2 (hereinafter “instant land”) and E-ground 2,473m2, and electric measuring instruments - Compensation for losses on May 23, 2016.

On September 29, 2016, the Central Land Expropriation Committee filed an objection against the said adjudication of expropriation - The Plaintiff asserted that “the compensation for the instant land and the instant obstacles shall be increased to suit the reality.” The Central Land Expropriation Committee determined that the amount of the adjudication of expropriation is appropriate and dismissed as a result of re-fixing the compensation by average means of appraisal of the appraisal value of the corporation, one appraisal corporation, and one appraisal corporation.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5 (including identification number Nos. 1 to 5; hereinafter the same) and the purport of the whole pleadings

2. The Plaintiff asserted that the instant claim was asserted only for the land expropriation compensation on the first date for pleading, but on June 5, 2017, the Plaintiff’s assertion that the said claim should be paid KRW 25,190,90,900 for compensation for losses arising from the land expropriation, and KRW 2,500,00 for additional obstacles, and KRW 41,983,50 for farming compensation for three years, and KRW 1,272,70 for appraisal expenses, etc.

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