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(영문) 대전지방법원 2017.11.22 2017구합103640
잔여지 매수청구
Text

1. The Defendant shall pay to the Plaintiff KRW 53,516,00 and the interest rate of KRW 15% per annum from July 12, 2017 to the day of complete payment.

Reasons

Recognition and Public Notice of Project Approval - Road Project Name - Public Notice of the Management Office of the Daejeon Regional Land on June 19, 2014 - Project implementer - Decision of expropriation on November 10, 2016 by the Central Land Tribunal of the Daejeon Regional Construction and Management of the Daejeon Regional Construction and Management (hereinafter referred to as the “instant land”): 535 square meters and obstacles (hereinafter referred to as “instant land”) and the starting date of expropriation: January 31, 2017 - Compensation: 57,739,750 won - 787 square meters (hereinafter referred to as “the remaining land of this case”): The remaining land of this case must be purchased by the Central Land Tribunal of the Daejeon Regional Construction and Management of the Daejeon Regional Construction and Management of the Daejeon Regional Construction and Management of the Rural Construction and Management of the Daejeon Regional Construction and Transportation on November 10, 2016; the purport of the Plaintiff’s request for purchase of the remaining land of this case should be clearly stated as the ground for appeal to the Plaintiff’s claim for purchase the instant land (the remaining land of this case No. 1).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 53,516,00 as compensation for the remaining land of this case (=68,000 square meters x 787 square meters) and damages for delay thereof.

Judgment

According to Article 74 (1) of the Land Compensation Act, when it is substantially difficult to use the remaining land for its original purpose because part of a group of land belonging to the same owner is purchased or expropriated through consultation, the relevant landowner may request the project operator to purchase the remaining land, and after the project approval has been granted, he/she may request the competent Land Tribunal to expropriate it.

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