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(영문) 수원지방법원 2015.08.27 2014구합1285
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business approval and public notice - Housing site development project: Housing site development project (referred to as “instant project”; hereinafter referred to as “instant project zone”): The defendant: the defendant, on December 31, 2008, publicly notified by the Ministry of Land, Transport and Maritime Affairs on April 24, 2012, DD announced by the Ministry of Land, Transport and Maritime Affairs on December 24, 2012, publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 29, 2013, E Ministry of Land, Transport and Maritime Affairs, publicly notified by the Ministry of Land, Transport

(b) The Central Land Expropriation Committee’s ruling on expropriation on December 19, 2013 - The subject of expropriation: The obstacles, etc. to the ground storage, etc. of the instant land of which G forest 2,900 square meters is 158 square meters (hereinafter “instant land”): The date of expropriation: February 11, 2014 - the date of expropriation: 1,420,959,050 square meters (hereinafter “compensation”): The appraisal corporation country in charge of the appraisal and assessment, the appraisal corporation in charge of the appraisal and assessment of land (hereinafter “appraisal”) (hereinafter “adjudication”), the fact that there is no dispute with the appraisal appraisal corporation, the appraisal corporation in charge of the appraisal and assessment of land, the evidence Nos. 1 through 4, Eul, and 2 (including each number; hereinafter the same shall apply), and the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. The Plaintiff’s assertion conducted a construction project to create a site after obtaining permission for mountainous district conversion and building permission from the competent authority, and at the time of the public notice of project approval, the instant land was in the state of completion of the change of form and quality

Therefore, the compensation for losses should be calculated by evaluating the land of this case as the site which is the actual situation of use.

B. On August 1, 2001, the Plaintiff is deemed to be the Plaintiff’s land prior to subdivision, 3,306 square meters of I forest land (hereinafter “land prior to subdivision”).

After purchasing the land, on August 30, 2001, the registration of ownership transfer was completed, and thereafter the land before subdivision was changed to 248 square meters of the instant land, Jinju-si, Jinland (a post-division, land category change, and change of administrative district name) into 152 square meters of the instant land, and

hereinafter referred to as “Adjoining land”

B) The forest land and L 158 square meters (the change of land category after the transfer, the change of the name of the administrative district) was changed to H road 158 square meters in Pju-si.

(2) On September 11, 2002, the Plaintiff was divided into two parts. The purpose of this case is to create a warehouse site from the mayor of the strike.

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