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(영문) 서울고등법원 2017.11.16 2016누50145
수용보상금지급 청구
Text

1.Paragraph 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim expanded by this court, are as follows.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Housing site development (B; hereinafter “instant project”): Defendant: C, the Ministry of Land, Transport and Maritime Affairs published on December 31, 2008, D, April 5, 2012, E publicly announced by the Ministry of Land, Transport and Maritime Affairs on December 24, 2012;

B. The Central Land Tribunal’s ruling of expropriation on May 23, 2013 - Land to be expropriated: Fluor 2,003 square meters (hereinafter “instant land”) and the surface obstacles thereof (hereinafter “instant obstacles”) at the time of strike - Compensation for losses: KRW 2,594,08,110 (i.e., the instant obstacles at KRW 1,058,38,388,010) (i.e., the instant obstacles at KRW 1,535,70,100): the date of commencement of expropriation: July 16, 2013.

The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated April 17, 2014 - Compensation for losses: 2,689,646,80 won (i.e., the instant obstacles 1,079,435,100 won) - An appraisal corporation: A certified public appraisal corporation which has caused a conflict with the other appraisal company, the other appraisal company which has caused a conflict with the other appraisal company, and the other appraisal company of the other appraisal company (based on recognition), each entry in the evidence No. 1, No. 2, 3, and No. 1 (including the number of pages; hereinafter the same shall apply), each entry in the evidence No. 1, No. 1, No. 2, and No. 3, and No.

2. The assertion and judgment

A. The Plaintiff’s assertion that this case’s land is not included in the instant project is obvious that the specific use area would change to “a planned management area,” and thus, compensation for losses for the instant land should be calculated on the premise that the specific use area is “a planned management area.”

B. It is as stated in the attached Form of the relevant statutes.

C. 1) Article 67(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that the amount of compensation shall be calculated based on the price at the time of the adjudication of expropriation, and Article 70(2) of the Land Compensation Act provides that the amount of compensation for the land shall be determined based on the price at the time of the adjudication of expropriation.

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