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(영문) 서울고등법원 2017.04.21 2015누48992 (1)
손실보상금증액 등
Text

1. The judgment of the court of first instance is modified as follows.

Defendant: (a) Plaintiff A and Plaintiff B respectively KRW 49,840,000, Plaintiff C and others.

Reasons

1. Details of ruling;

A. On September 2, 2004, the Minister of Finance and Economy approved and publicly announced a development project plan (hereinafter “instant development project”) under Article 4 of the former Act on Designation and Management of Free Economic Zones (amended by Act No. 9366, Jan. 30, 2009; hereinafter “Free Economic Zone Act”) in Gangseo-gu, Busan as F of the Ministry of Finance and Economy’s announcement of the approval of the project and the announcement of the approval of the project. Since then, the said plan was partially modified and publicly notified as I of the Ministry of Knowledge Economy on February 28, 2008, H of the Ministry of Finance and Economy, and December 31, 2008.

B. The Defendant, a land owner in a project district, and the land owner indicated in the “land subject to expropriation” list of annexed Table 1, which is the Plaintiffs (hereinafter “each land of this case”), filed an application for adjudication of expropriation with the Central Land Expropriation Committee because it did not reach an agreement. The Central Land Expropriation Committee requested a national appraisal corporation, a stock company, and a Korea Land Appraisal Corporation (hereinafter collectively “an appraiser for adjudication of expropriation”) to appraise each land of this case, and made a ruling of expropriation on October 19, 2012 on the basis of the result thereof.

C. The Central Land Tribunal filed an objection against the above adjudication of expropriation, and the Central Land Tribunal requested an appraisal of each of the instant land to a dialogue appraisal corporation and a future new appraisal corporation (hereinafter collectively referred to as “objected appraiser”). Based on the result, all of the objections filed by Plaintiffs A, B, C, and D on July 18, 2013 are dismissed, and the compensation for losses incurred by Plaintiff E was modified as indicated in the “amount of compensation for objection” column in attached Table 1.

2. The parties' assertion

A. The Plaintiffs’ assertion 1 is that waste reclamation by the public works project is conducted on each of the instant land.

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