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(영문) 창원지방법원 2019.09.25 2019구단10055
보상금증액 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case history

(a) Project approval and public notice - Project name: B (hereinafter referred to as “instant project”) - Project approval and public notice: The determination and public notice of the project plan: A road zone dated January 21, 2010 (Public Notice of Gyeongnam-do); project operator: Defendant;

B. Adjudication of expropriation by the Central Land Expropriation Committee on April 12, 2018 - The date of expropriation: The aggregate of the compensation amount subject to the sequence of June 7, 2018 17,623,200 square meters in D miscellaneous land at one Tong-si, Dong-si, 112 square meters in 17,623,200 square meters in total, shall be 11,316,300 square meters in E-si, 164 square meters in 164 square meters in store sites at three 7,091,300 square meters in store sites at 16,146,405 square meters in G 144,22,658,400, 400 square meters in total, 30 square meters in total, 40 square meters in 298, 3084, 2984, 308, 2984 square meters in land and 184 square meters in total.

C. Determination - Decision by the Central Land Tribunal on November 22, 2018: The Plaintiff’s assertion that the compensation for the loss incurred by the relevant project was made; however, as a result of review of relevant data (such as site photographs, project operator’s opinion, etc.), the owner claims that the construction of the instant project would lose work site due to the construction of the road and bring a enormous obstacle to the de facto net net fishing. However, the Plaintiff’s assertion cannot be accepted in light of the following: (a) the current de facto de facto defination is likely to narrow the road and restore the relevant facilities to the road due to the risk of a safety accident; (b) the Plaintiff’s assertion on the amount of the loss at the site claimed by the owner is not submitted objective and direct documentary evidence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion.

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