beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for 120,558,780 won and the period from May 12, 2010 to March 27, 2013.
Reasons
1. Details of ruling;
(a) Business approval and public announcement - Housing site development project: housing site development project (three-dimensional coal zone) - on July 11, 2008 - Project operator No. 2008-308 announced by the Ministry of Land, Transport and Maritime Affairs on July 11, 200
(b) The Central Land Expropriation Commission’s ruling on expropriation by March 18, 2010 - The land subject to expropriation by the Central Land Expropriation Committee: mountain 61-2 forest 48,275 square meters (hereinafter “instant land”): 1,509,414,420 - The date of commencement of expropriation: An appraisal corporation on May 11, 201 - An appraisal corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation.
(c) Results entrusted by the appraisal office of this court for appraisal - Compensation for losses: ① 1,629,973,200 won (evaluation as an agricultural and forest area including a partial control area) ② 3,031,670,000 won (evaluation as a net control area) ③ 1,578,592,500 won (evaluation as a net agricultural and forest area) [based on recognition] without dispute; evidence Nos. 1-1, 2, and 1-1, 2-1, 1-2; each entry as referred to in subparagraph 1-2; the result of entrustment to the appraisal office of this court for appraisal; the purport of the whole pleadings;
2. The plaintiff's assertion and judgment
A. 1) Claim 1) The instant land should be assessed as a golf course site in an indivisible relationship for the purpose of use, and the amount of compensation for losses should be assessed. 2) The instant land was assessed as a management area in the process of calculating the officially assessed individual land price and imposing property tax, and the assessment of compensation for losses is contrary to the principle of trust protection.
B. The instant land was divided into a forest and field on October 9, 2008, and the land category was divided into a forest and field. The specific use area was up to December 19, 2007, with the size of 1,707 square meters and 46,568 square meters in a control area until December 19, 2007, but was changed to an urban area as a planned area for housing site development on December 20, 2007. However, the instant land was located in a place adjacent to the course two North Korea’s golf course, while it was actually used as a golf course.