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(영문) 울산지방법원 2019.10.24 2018구합6816
손실보상금
Text

1. The Defendant’s each money stated in the “request amount” column in the separate sheet to the Plaintiffs and each of them from December 12, 2017.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: project approval and public notice - Project operator: The head of Ulsan Metropolitan City, the head of Ulsan-si: Public notice: September 1, 2016, the approval of AHAG plans and topographic drawings published in Ulsan Metropolitan City, and the public notice of AI AG plans ( modified) and topographic drawings published in Ulsan Metropolitan City on June 29, 2017;

B. The adjudication of expropriation made on October 16, 2017 by the Regional Land Tribunal of Ulsan Metropolitan City (hereinafter “instant adjudication of expropriation”) - Land subject to expropriation and obstacles (limited to the increase of compensation for the land and obstacles among the instant adjudication of expropriation, and the rest of the Plaintiffs are seeking the increase of compensation for the land in the instant adjudication of expropriation, and the same applies to the amount of adjudication; hereinafter the same shall apply): Attached Table, which is owned by the Plaintiffs located in Ulsan-gun AJri-gun, Ulsan-gun, Ulsan Metropolitan City., the date of expropriation - The land and obstacles on the land in the “object of expropriation” column - the date of expropriation on December 11, 2017.

On June 21, 2018, the Central Land Tribunal accepted the claim that the compensation for the land and obstacles of Plaintiff Q would be increased and the compensation for the remaining plaintiffs’ land, and made a request for the increase in the compensation for the said plaintiffs’ land, and thereafter made an increase in the compensation amount as indicated in the column of “the amount of the objection” in the separate sheet according to the result of the appraisal of the said objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 through 10, the purport of the whole pleadings

2. The plaintiffs' assertion

A. Since Plaintiff T, U,Y, AB’s assertion that the Plaintiff T, U, Y, Y, and X is owned by each of the Plaintiff’s land in Ulsan-gun AK and the part found to be cultivated land through the result of the Plaintiff’s aerial appraisal in Ulsan-gun AL and AM’s land, the price of the land should be assessed based on the actual use situation and the compensation for losses should be assessed based on the actual use situation.

B. The plaintiffs are common.

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