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(영문) 서울행정법원 2017.12.15 2017구합54074
수용재결취소등
Text

1. The part concerning the claim for purchase of the remaining land among the instant lawsuit is dismissed.

2. The defendant shall pay to the plaintiff KRW 212,930 and this shall apply.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public notice - Project name: Road project (C; hereinafter referred to as “instant project”) - Project implementer: Defendant - Public notice of determination of road zones under Article 25 of the Road Act: D public notice by the Ministry of Land, Infrastructure and Transport on August 22, 2014;

(b) The Central Land Expropriation Committee’s ruling on expropriation on January 5, 2017 - The date of expropriation: Before February 28, 2017: Gyeonggi-do E Forest (hereinafter “E”) - Compensation - Compensation 9,326,030 won for the Plaintiff’s co-ownership of land E - The compensation 330/3,284 for the compensation - The Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, and the Diplomatic Appraisal Corporation (hereinafter “Adjudication appraiser”) for the appraisal result; hereinafter “the appraisal result”).

C. As a result of the appraisal by the court appraiser F, the court appraiser F calculated the Plaintiff’s share in E land at KRW 9,539,020.

(hereinafter the above appraiser shall be referred to as "court appraiser", and the result of the appraisal shall be referred to as "court appraisal result" / [based on the court appraisal] The facts of no dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 (which includes a serial number; hereinafter the same shall apply), the court appraiser's appraisal result, the whole purport of the pleading.

2. The plaintiff's assertion

A. The appraiser assessed the amount of under-paid compensation by excessively lowering the value of the Plaintiff’s share in E land 30/3,284.

Therefore, the defendant should additionally pay to the plaintiff compensation of KRW 9,539,020 based on the court appraisal and compensation of KRW 9,326,030, which is the difference between KRW 212,990 and KRW 212,930, which is part of KRW 212,990.

B. The instant project was divided into 1,770 square meters of forests and fields B in Gyeonggi-gun, Gyeonggi-do (hereinafter “the instant remaining land”) and E-land due to the Gyeonggi-do project, thus making it substantially difficult to use the instant remaining land for its original purpose.

Therefore, the defendant is out of the remaining land of this case.

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