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(영문) 대구고등법원 2015.01.09 2012누2260
토지수용에대한보상금증액
Text

1. Of the judgment of the court of first instance, the part against the plaintiff in the judgment is modified as follows:

The defendant shall pay to the plaintiff KRW 4,630,200.

Reasons

1. Basic facts

(a) Business Approval and Public Notice - C Project (hereinafter “instant Project”) - Public Notice D of Daegu Metropolitan City on March 2, 2010, Daegu Metropolitan City on January 31, 201, and Public Notice E of Daegu Metropolitan City on February 28, 201

(b) Project operator: Defendant;

(c) Decision on expropriation made on June 8, 201 by the Regional Land Expropriation Committee of Daegu Metropolitan City - subject to expropriation: F forest land 1,137 square meters (hereinafter referred to as “instant land”): Daegu-gun District Land Expropriation Committee (hereinafter referred to as “instant land”): July 28, 201 - Compensation for losses: 18,476,250 won: State Appraisal Corporation and Korea Appraisal Board;

(d) Decision on expropriation made on December 7, 2011 by the local land expropriation committee of Daegu Metropolitan City - With obstacles to the surface of the instant land (path three seedlings, pine trees one week): - Compensation for losses on January 28, 2012 - Compensation for losses: KRW 5,835,000 (= KRW 1 week 285,000 for tomb trees of March 5, 550,000 for tomb trees of KRW 60): State appraisal corporation and Korea Appraisal Board;

E. The Central Land Tribunal’s ruling on January 13, 2012 (hereinafter “the instant ruling”): The content of the adjudication shall increase the compensation for the instant land to KRW 18,533,100; the compensation for the obstacles omitted on the instant land shall be increased to KRW 5,974,00 (= KRW 3,974,00 for losses for the obstacles omitted on the instant land: KRW 7,500 for KRW 350,000 for KRW 1,769,00 for KRW 1,769,00 for KRW 7,00 for pine trees of KRW 350,00 ( KRW 1.5m x 19m x 19m). The portion of the claim shall be dismissed to change the prior type of access road so that the Plaintiff’s land is not incorporated in the instant project district; the purport of the appraisal corporation’s overall appraisal corporation’s statement or appraisal corporation’s appraisal corporation’s appraisal corporation’s number 2 through 75,000.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion 1) seek the difference between the reasonable amount of compensation calculated by reflecting the following points and the amount of compensation calculated by the instant judgment.

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