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(영문) 수원지방법원 2016.05.24 2013구합9824
수용보상금증액등
Text

1. The Defendant’s KRW 121,565,868 as well as its annual 5% from September 22, 2012 to May 24, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Designation of an industrial complex and approval of a development plan for the industrial complex - Business name: C General Industrial Complex Development Project (hereinafter referred to as the “instant project”): Public notice: Gyeonggi-do public notice on May 2, 2008 - Project operator E on February 26, 2010, Gyeonggi-do public notice on February 26, 2010 - F Company (hereinafter referred to as “F

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on August 23, 2010 (hereinafter “the first ruling of expropriation”) - The Plaintiff filed an application for the ruling of expropriation with F on February 11, 2010, and F files an application for the ruling of expropriation with the Local Land Tribunal of Gyeonggi-do on April 12, 2010 (hereinafter “instant land”): H and I land owned by the Plaintiff (hereinafter “instant land”): The amount of compensation for losses for the instant land: 1,086,08,00 won - the date of commencement of expropriation: September 23, 2010.

1) The F did not pay or deposit the compensation by the beginning date of the first expropriation ruling, and thereby, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Pursuant to Article 42(1), the first expropriation ruling became void. (2) After that, pursuant to Article 42(1) of the Act, the operator of the instant project changed from F to F to public-private partnership development in accordance with the C General Industrial Complex Development Plan and the Revised Public Notice of the Implementation Plan (Public Notice of Gyeonggi-do) on July 28, 2011.

The ruling of acceptance by the local Land Tribunal of Gyeonggi-do on July 24, 2012 (hereinafter referred to as "the ruling of acceptance by the local Land Tribunal of Gyeonggi-do").

- The defendant's application for adjudication of expropriation to the local Land Tribunal of Gyeonggi-do on January 30, 2012 - Compensation amount for losses: 1,255,930,000 won for the land of this case - Compensation amount equivalent to the additional charges for delay under Article 30 (3) of the Land Compensation Act suffered by the plaintiff due to the loss of the effect of the first expropriation adjudication - Dismissal date of an application for adjudication to compensate for losses: An appraisal corporation of September 21, 2012 - An appraisal corporation of the Pacific and two appraisal corporations.

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