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(영문) 수원지방법원 2021.01.28 2019구합1563
토지수용보상금
Text

Among the lawsuits in this case, the part of the claim for compensation for losses due to the decrease in remaining land prices shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Details, etc. of ruling;

A. The Plaintiff as a party is an owner of the land B with a wife population B, 1,384 square meters, C road 65 square meters, 385 square meters for D site, E- 334 square meters for E-miscellaneous land, 19 square meters for F-gas stations, and 170 square meters for G site (hereinafter “individual land”) in the land B, and has operated a gas station business (hereinafter “gas station in this case”) on the ground of the land B.

B. Business Recognition and Public Notice - Maintenance and Improvement Project for Road in Agricultural and Fishing Villages (H Corporation) implemented by the Defendant (hereinafter “instant project”) - Public Notice of port-si on April 19, 2017 I

C. Decision on January 14, 2019 of the Gyeonggi-do Land Expropriation Committee - Subject to expropriation: C’s land, F’s land, G’s land (hereinafter “each of the instant land”) and concrete structure and fireproof wall installed on the B’s land (hereinafter “instant obstacles”): - The date of commencement of expropriation: February 28, 2019 - Compensation: 68,196,000 won (i.e., land KRW 65,076,00 per volume KRW 3,120,00) - The claim for business loss compensation due to the relocation of the facilities should be dismissed.

D. Determination by the Central Land Expropriation Committee on August 22, 2019 - Compensation for losses: 72,539,200 won (i.e., land 66,871,200 won and water 5,668,000 won (hereinafter referred to as “appraisal”) - The claim for business losses compensation due to the relocation of a tea facility shall be rejected.

E. The appraiser J’s appraisal entrusted by this Court (hereinafter “court appraisal”) - Compensation for loss: 84,176,700 won (i.e., land 70,750,700 Won 13,426,00 won) [based on recognition] without dispute; entry of Gap 5,70, Eul 3 evidence (including the number of evidence; hereinafter the same shall apply); the court’s appraisal result; the whole purport of the pleading;

2. The assertion and judgment

A. The Plaintiff’s assertion 1) As G land is expropriated due to the decline in the remaining land price, the price of D land and E land corresponding to the remaining land has decreased due to the expropriation of G land claiming compensation for losses due to the decrease in the remaining land price, which is due to the decrease in the remaining land price.

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