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(영문) 대구지방법원 2017.06.13 2016구합2870
이의신청재결에 따른 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B (hereinafter referred to as the “instant project”): Public notice - On October 4, 2012, the project operator who is a project operator C- the project operator who is a project operator: the Gyeongbuk-do Governor.

B. The Central Land Tribunal’s ruling of expropriation on July 21, 2016 (hereinafter “adjudication of expropriation”): - Each obstacle recorded in the 4,836§³ (hereinafter “instant land”) held by the Plaintiff and the attached table 1 on the land owned by the Plaintiff (including farming losses in leisure season; hereinafter “instant farming losses”; excluding farming losses in this case; hereinafter “instant losses”) - Expropriation compensation in total: Total amount of KRW 264,475,850 [the instant land 127,186,800] (including the instant land 127,289,050 won (including the agricultural losses 19,740,50 won) - Expropriation on September 13, 2016; hereinafter “Appraisal appraisal corporation”)

C. The Central Land Tribunal made an objection on November 24, 2016 (hereinafter “Objection”) - Compensation for expropriation: Total amount of KRW 271,672,850 [including KRW 142,068,050 (including farming losses of KRW 129,60,80)] - An appraisal corporation: an appraisal corporation in the form of a stock company, a stock company in the form of a stock company, a stock company in the form of a stock company in the form of a stock appraisal corporation (hereinafter “an appraisal of objection”), the results of its appraisal are “an appraisal of objection,” the appraisal of the appraisal corporation in the form of an objection and the appraisal of expropriation, hereinafter “each appraisal of the instant case”) - The fact that there is no dispute between the appraisal of the instant case and the appraisal of expropriation, 271,672,850, and the purport of the entire pleadings, 4, and 7 evidence, and the purport of the entire pleadings.

2. The assertion and judgment

A. As to the Plaintiff’s assertion 1, each of the instant appraisal standards regarding the instant land were unfairly selected, and the officially announced land price as of January 1, 2015 was erroneously applied, not the officially announced land price as of January 1, 2016, but rather the officially announced land price as of January 1, 2015.

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