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(영문) 서울행정법원 2018.06.01 2017구합82291
보상금증액청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Business name: B Highway private investment project implementer - Defendant - Public notice: Approval of the C business implementation plan announced by the Ministry of Land, Infrastructure and Transport on August 7, 2015;

B. The Central Land Tribunal’s ruling of expropriation on September 7, 2017 (hereinafter “the instant ruling of expropriation”): The Plaintiff’s expropriation date: 72 square meters of the 535 square meters of the 535 square meters of the 535 square meters of the 72 square meters of the 72 square meters of the 535 square meters of Gyeyang-gu, Seoyang-gu, Seoyang-gu (hereinafter the above D, referred to as “instant land”), which is owned by the Plaintiff; 72 square meters of the 75 square meters of the 72 square meters of the instant land subject to expropriation; and 463 square meters of the remaining 463 square meters of the remaining land excluded from the subject of expropriation “the remaining land of this case”): The Plaintiff asserted that the remaining land of this case was expropriated for the previous purpose; however, the above assertion was rejected on the grounds that it is not significantly difficult to use the remaining land for the previous purpose due to the expropriation only of the instant land: 39,650, 400 [Attachment 10,500 square meters of the entire evidence]

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff installed a retaining wall by investing approximately KRW 40 million in the instant land in the shape of a bridge for the purpose of constructing a house on the instant land. As the instant expropriation part among the instant land was accepted only, the remaining land in the shape of a duct were left, thereby making it impossible to construct a house any longer.

In addition, due to its form, farming machinery cannot be used in the remaining land of this case, and the remaining land of this case is reduced from 4 to 1, which can be constructed, and the remaining land of this case cannot be used as a "pre-use", which is the current land category. Therefore, the defendant is obliged to expropriate the remaining land of this case and pay the Plaintiff the amount of 254,974,100 won (=463m2 x 550,700 m2).

B. Acquisition of land, etc. for a public project for determination 1;

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