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(영문) 수원지방법원 2018.05.15 2017구합63796
손실보상금
Text

1. The defendants are jointly and severally liable to the plaintiffs for a "total amount of claim" in the attached Form 4 [Attachment 4].

Reasons

1. Circumstances and results of appraisal of the ruling;

A. Business title - Business Name: Road Project (construction Works around G) (hereinafter “instant Project”) - Project Operator: Defendants

B. Decision of the Central Land Tribunal on February 9, 2017 – Application for adjudication of expropriation to the Central Land Tribunal on September 6, 2016 - Land subject to expropriation: Attached Form 1 [Attachment 1] owned by the Plaintiffs located within the project zone of the instant case (hereinafter “each of the instant land subject to incorporation”) and its obstacles - The remaining land: Each land indicated in the “ residual land” column in [Attachment 1] [Attachment 1 [Attachment 1] (hereinafter “the remaining land of this case”): Compensation on April 4, 2017: - The Defendants are indicated in the column of “amount of adjudication of expropriation” in [Attachment 2].

(However, among the remaining remaining land of this case, the court dismissed each claim for compensation of the remaining land excluding H 44 square meters which is owned by the plaintiff B. - The court below dismissed the application for adjudication to the effect that since the defendants filed an application for adjudication within 60 days from the public announcement date of the project approval for the project of this case, the defendants would compensate for losses equivalent to the additional charges for delay under Article 30 (3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter "Land Compensation Act") suffered by the plaintiff.

C. Results of appraiser I’s appraisal (hereinafter “the result of the instant court appraisal”) - The result of the court appraisal conducted by the appraiser I (hereinafter “the result of the instant court appraisal”): The same shall apply to the statement in the column of “court appraisal amount” in [Attachment 2].

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 3 and 5, court appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. The compensation determined by the plaintiffs' 1 compensation claim acceptance ruling does not recognize the compensation for each of the lands of this case and the obstacles thereof, or the compensation for the depreciation of the remaining land.

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