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(영문) 대구지방법원 2016.12.08 2015나311125
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From November 1, 1988, the Plaintiff occupied and used the land of 3,618 square meters (hereinafter “instant land”) with permission to occupy and use State property from the Sung-gun.

B. On December 29, 2004, the Defendant started the C Corporation (hereinafter “instant Corporation”) and completed on December 29, 2005, and entered the instant land into the instant construction section upon July 4, 2005 due to the designation change of the road zone and the contact zone announcement (hereinafter “instant announcement”).

C. On June 2, 2005, the Defendant paid the Plaintiff totaling KRW 27,386,220 as compensation for farming losses and obstacles in the instant land after consultation with the Plaintiff on compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).

The relevant statutes applicable to the instant case are as follows:

Article 70 (Indemnity for Land Acquired) (2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Public Works Act”)

(5) Detailed methods of calculating and assessing compensation for acquired land and rights other than ownership shall be prescribed by Ordinance of the Ministry of Construction and Transportation in consideration of investment costs, expected profits, transaction prices, etc.

Article 27 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Construction and Transportation No. 504, Mar. 17, 2006; hereinafter “former Enforcement Rule of the Public Works Act”).

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