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(영문) 전주지방법원 2017.11.30 2016구합2332
손실보상금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

(a) Project approval and public notice - Project name: B (hereinafter referred to as “instant construction”): Defendant - Public notice of the project implementer: C ( August 27, 2015) public notice of the Korea Regional Land Management Office;

B. The Central Land Tribunal’s ruling of expropriation on June 23, 2016 - Subject to expropriation: The Defendant calculated the compensation after investigating the representative number D in the south-si Seoul Special Metropolitan City due to the housing, etc. D, E, Nam-si F, G, etc.

Ground houses, annex buildings, etc. (hereinafter referred to as "in this case"): - The date of commencement of expropriation: August 16, 2016 - Compensation for losses: 58,467,500 won;

C. On August 3, 2016, the Defendant deposited KRW 58,467,500 for the instant obstacles according to the instant confinement ruling due to the uncertainty of the inmate.

On September 29, 2016, the Central Land Tribunal filed an objection by asserting that the compensation for the obstacles of this case would be raised in accordance with the reality. The Central Land Tribunal had two appraisal business entities re-evaluation the compensation amount, and assessed the amount of compensation in advance, and dismissed the Plaintiff’s objection by deeming that the amount of compensation determined in the adjudication of expropriation is appropriate as a result of re-assessment of the compensation amount.

E. Around May 2017, the Defendant (competent Regional Land Management Office of the Republic of Korea): (a) revised the construction plan of the instant construction, and the instant obstacles and land were not incorporated into a road site; (b) thereby, the instant obstacles were excluded from the subject of expropriation.

Accordingly, on May 18, 2017, the defendant revoked the calculation of compensation of KRW 58,467,50 for the obstacles in this case and KRW 1,223,620 for directors, and the above C.

The request for recovery of the deposit stated in the port was made.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including evidence number) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is an obstacle to the instant case.

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