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(영문) 수원지방법원 2016.12.13 2014구합57332
손실보상금
Text

1. The Defendant’s KRW 1,954,990 as well as 5% per annum from February 12, 2014 to December 13, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

A. The Plaintiff owns 1,679/2,188 shares of the land in this case, which is not less than 1,757 square meters (hereinafter “instant land”).

There are livestock pens owned by the Plaintiff (hereinafter “the livestock shed of this case”) on the land and the land of this case, and the Plaintiff has raised and sold Chinese cattle at the livestock shed of this case.

(b) Project approval and public notice - Stockpiling Project (D): Defendant on April 16, 207, the Gyeonggi-do public notice E, the Ministry of Land, Transport and Maritime Affairs published on December 1, 201 - Project operator: Defendant

C. The Central Land Tribunal’s ruling of expropriation on December 19, 2013 (hereinafter “adjudication of expropriation”): ① Land in this case (2) the Plaintiff’s obstacle, including the stable on the land in this case and the land in this case (hereinafter “instant obstacle”) - Compensation for losses: ① 239,182,140 won with respect to the land in this case (2) the total of 146,841,750 won with respect to the obstacles in this case (21,60,000 won with respect to compensation for the obstacles raised by the Plaintiff at the time of the adjudication of expropriation among the obstacles in this case) - The date of expropriation: The date of expropriation: the appraisal corporation on February 11, 2014

D. The Central Land Expropriation’s ruling on July 17, 2014 (hereinafter “Objection”) - The Plaintiff’s livestock industry operation on the instant land. As such, the Plaintiff asserted that the amount of compensation for the instant land should be calculated on the premise that the instant land falls under the stock farm site and the amount of compensation for the livestock industry would be compensated. However, the Plaintiff’s assertion was not accepted on the ground that the instant land constitutes a site for an unauthorized building, and thus, the amount of compensation for the livestock industry cannot be calculated as a stock farm site, and that the Plaintiff’s registration of the livestock industry was made after the public announcement of the project approval.

However, compensation for losses for the instant land is KRW 243,429,170, and compensation for losses for the instant obstacles.

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