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(영문) 인천지방법원 2018.12.20 2016구합51690
토지수용이의재결취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Business authorization and public announcement - Housing site development business (B; hereinafter referred to as “instant project”) - Public announcement of project implementation authorization: C-project operator announced by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009: Defendant;

B. The Central Land Tribunal’s ruling on expropriation by November 20, 2014 - Subject to expropriation by the Central Land Tribunal: The Plaintiff’s obstacles owned by the Plaintiff, which were installed on the instant land while carrying out a selection project, such as recycled goods, in the name of Seo-gu Incheon Metropolitan City D (hereinafter “instant land”): - Compensation for losses: 545,836,400 won; the date of commencement of expropriation: January 13, 2015.

The Central Land Tribunal’s ruling on February 26, 2016 - Plaintiff’s objection: The land of this case omitted compensation for hofers, recycled inventories (the wastes collected for the selection of recycled products and the selected recycled goods from the wastes), floor concrete packaging (hereinafter “specific packaging”) from among obstacles owned by the Plaintiff - Dismissal of the objection: Hofers asserted by the Plaintiff, recycled inventories were already included in the compensation object for the removal of obstacles from the expropriation ruling, and the concrete packaging had already been compensated to the Plaintiff during the process of consultation and acquisition with respect to the land of this case.

(d) Court appraisal - Compensation for loss: entry of the aggregate of KRW 307,587,500, including the recycled inventory 227,500,000 and the concrete package 80,087,50 won [based on recognition] Gap 1, 4 (including additional numbers), Eul 1, 2, 4, and 5 (including additional numbers), the result of an appraisal commission to F by this Court, the purport of the entire pleadings;

2. The assertion and judgment

A. Since the Plaintiff’s assertion that there was no compensation for recycled inventory and concrete packaging among the obstacles owned by the Plaintiff, the Defendant is obligated to pay KRW 307,587,500 to the Plaintiff as compensation for losses for recycled inventory goods and concrete packaging.

B. As to the determination 1 recycling inventory portion, the acquisition of land, etc. for the former public service project.

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