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(영문) 수원지방법원 2013.11.21 2012구합4952
토지수용에 대한 손실보상금증액청구
Text

1. The Defendant: (a) KRW 622,924,460 for the Plaintiff and 5% per annum from March 20, 2012 to November 21, 2013; and (b) the Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing Project (B; hereinafter referred to as the “instant Project”): The public notice: C-Project operator announced by the Ministry of Land, Transport and Maritime Affairs on June 3, 2009

B. The Central Land Tribunal’s ruling on expropriation by February 17, 2012 - The relevant land subject to expropriation by the Plaintiff (hereinafter collectively referred to as “each of the instant land”): The amount indicated in the column for the adjudication on expropriation of the attached compensation details - The relevant land subject to expropriation: The starting date of expropriation: the amount indicated in the column for the adjudication on expropriation of the attached compensation details - The relevant land: the appraisal corporation on March 19, 2012 - the Pacific Appraisal Corporation, the Pacific Appraisal Corporation, one appraisal corporation (hereinafter referred to as “appraisal”) (hereinafter referred to as “adjudication appraiser”), one appraisal corporation (hereinafter referred to as “adjudication”) [based on recognition]] without any dispute, and the purport of the entire pleadings, including Gap’s evidence 1, 2, Eul

2. The assertion and judgment

A. The Plaintiff’s assertion ① 750 square meters of D’s land (hereinafter “D”) and E large 1,002 square meters of land (hereinafter “E land”) are constructed with three accommodations for employees of F Co., Ltd. (hereinafter “F”) over each of the above land. As D land constitutes an indivisible relationship with E land for its use, it shall be assessed as a single complex, and G 1,927 square meters or less as G.

H land is 18,212m2 or less of H land for a factory of H.

The F’s factory door, water level room, and access road established on the ground were used as the entrance road, and in particular, the above-mentioned access road was the only road that can enter the said factory as an adjacent one, leading to the above-mentioned factory, so land G is also in an indivisible relationship with H land and its use should be assessed in a lump sum.

② The appraisal of each of the instant lands is based on the selection of comparative standard sites and the assessment of individual factors, and does not reach a reasonable amount of compensation. On the other hand, the appraisal of each of the instant lands by the court’s entrustment of appraisal to the appraiser J (hereinafter “court appraisal”).

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