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(영문) 수원지방법원 2015.07.09 2013구합5181
손실보상금
Text

1. The Defendant’s KRW 368,785,540 for the Plaintiff and KRW 5% per annum from December 13, 2012 to July 9, 2015.

Reasons

1. Details of ruling;

(a) project approval and public notice - Public notice of project approval and construction of Bogeumjari Housing District (B) - Public notice of the Ministry of Land, Transport and Maritime Affairs (C) on November 21, 2008 and public notice of the Ministry of Land, Transport and Maritime Affairs on July 29, 2009 (D): Defendant

B. The Central Land Tribunal’s ruling on expropriation on October 19, 2012 - Subject to expropriation: Daegu-gu, Daegu-gu (hereinafter “instant land”) owned by the Plaintiff - The date of commencement of expropriation: December 12, 2012 - Compensation for losses: 1,248,900,000 won; and the instant land was deemed to have changed the form and quality of the land without permission of the competent authority.

- An appraisal corporation: the Korea Appraisal Corporation, the Korea Appraisal Corporation;

C. The Central Land Tribunal’s ruling on May 23, 2013 - Compensation for losses: (a) increased to KRW 1,315,870,000; and (b) claimed that the Plaintiff would increase the amount of compensation by evaluating the instant land according to the actual status (pre-delivery and response), but was dismissed for the same reason as in the adjudication on expropriation.

- An appraisal corporation: Each entry (including each number) in Gap, Eul, Eul, and evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings, together with an appraisal corporation, and a new appraisal corporation in the future of the corporation (hereinafter referred to as "appraisal of adjudication," and each appraisal result together with an appraisal appraiser of expropriation) / [based] without dispute.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) Part of the instant land is classified into forest land registered on the public register, but is classified into land before and after the land was reclaimed as a rice and field, and is used as a rice and field until now. As such, according to the actual situation of use, compensation should be assessed as a rice and field. The amount of compensation determined in the appraisal of the adjudication is calculated as a considerably low amount in light of the shape and use of the instant land, etc., and thus, the amount of compensation should be increased. 2) Since part of the instant land claimed by the Defendant was illegally altered,

B. Attached Form 2. of the relevant statutes

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