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1. The Defendant’s KRW 17,928,00 for the Plaintiff and KRW 5% per annum from August 19, 2015 to July 11, 2017.
Reasons
1. Details of ruling;
(a) Project approval and public notice - Project name: B: Defendant on December 23, 2005, public notice C of the Ministry of Construction and Transportation on December 23, 2005, D public notice of the Ministry of Land, Transport and Maritime Affairs on December 16, 201;
(b) Adjudication of expropriation - Adjudication of expropriation - The date of expropriation shall be August 18, 2015 (see attached Form 1): The date of expropriation: Compensation for losses: 18,689,850 won - The plaintiff may seek compensation for the unclaimed obstacles, but it shall be dismissed on the ground that they are the obstacles planted after the public announcement of the project approval (referring to the date of designation and public announcement of the first district for housing rental complex, as seen below).
C. - The plaintiff filed an objection for compensation for any obstacle that has not been compensated in the adjudication of expropriation - The dismissal of compensation for the reason that it is an obstacle that has been discovered after the authorization of the project is granted after the authorization of the project, the purport of the whole pleadings and arguments as follows: recognition [based on recognition] of the amount the same as the amount recognized in the adjudication of expropriation - evidence Nos. 1 (including the paper number), 2-2 and 3-2.
2. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;
3. The key issue of the instant case is ① compensation should be made for the obstacles planted after December 23, 2005, which was the date of the first designation and public notice of the instant planned area for the instant project, and ② the Plaintiff’s obstacle was partly omitted from the subject of compensation. As such, the legitimacy of the Plaintiff’s assertion as above becomes the key issue of the instant case.
4. Determination on the standard point of time for compensating for obstacles
A. The Plaintiff’s assertion that the Defendant did not properly proceed with the instant project even after December 23, 2005, which was the date of the first designation and public notice, of the instant scheduled area, and extended the project period. However, the Defendant started the project from October 15, 2012, which was about seven years after the date of the first designation and public notice. As such, in light of the purport of the protection of property rights, compensation for the obstacles that were planted after the date of first designation and public notice of the scheduled area should be granted.
B. Determination Doesck;