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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 2015.07.23 2015두325
수용보상금증액
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 75(3) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Land Compensation Act”) provides that “The compensation shall be made at a reasonable price assessed by considering the transaction price, etc. with respect to the soil, stones, sand, or gravel belonging to the land (limited to cases where soil, stones, sand, or gravel is subject to acquisition or use separately from the land in question).”

The term "cases where soil, stones, sand, or gravel is separately acquired or used from the land in question" in the above provision means the cases where there is an administrative measure that can lawfully change the form and quality of the land or collect stone with respect to the land subject to expropriation to which the soil, stones, sand, or gravel belongs or it is objectively recognized that such an administrative measure has an impact on the price of the land, and it is judged that there

(2) Article 16(1)6 of the Industrial Sites and Development Act (hereinafter “Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes”) provides that “The Plaintiff, a clan, could not be deemed to have been able to implement the same business as the instant development project prior to the instant industrial complex development project,” on the premise that the Plaintiff obtained approval of the industrial complex development plan, even if the Plaintiff, a clan, could not be deemed to have been able to implement the same business as the instant development project, on the following grounds: (a) the Plaintiff’s owners of G forest 12,957С, H forest 116,656§³, and I forest 52§³ (hereinafter “each of the instant lands,” collectively; and (b) the implementation of the existing industrial complex development project pursuant to the “Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes,” inasmuch as the circumstance is insufficient to deem that the Plaintiff, a clan, was able to obtain the approval of the industrial complex development plan.

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