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(영문) 인천지방법원 2015.06.18 2014구합30842
손실보상금
Text

1. The defendant shall pay 37,004,000 won to the plaintiff and 20% per annum from November 25, 2014 to the day of complete payment.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: Incheon Urban Railroad Construction Project (2010 Tools) (hereinafter “instant Project”).

2) Public Notice: The Defendant: the Ministry of Land, Transport and Maritime Affairs No. 2010-192, Apr. 12, 2010

B. Pursuant to the instant project, the land owned by the Plaintiff was divided into B, Seo-gu, Incheon Metropolitan City, B, 674 square meters (hereinafter “instant remaining land”) and C, C, 187 square meters, and among which C was transferred to the Defendant on April 21, 201 due to the acquisition of public land by consultation.

(c) The Central Land Tribunal’s ruling of expropriation on March 20, 2014 - Subject to expropriation: The remaining land of this case - dismissal of Plaintiff’s request for purchase of the remaining land of this case - Compensation for losses due to decline in the value of the remaining land - KRW 65,745,000;

D. 1) Results of commission of appraisal by this court: 402,749,00 won prior to the implementation of the project in this case: 335,056,00 won following the implementation of the project in this case: 67,693,00 won following the implementation of the project in this case: 47,693,00 won following the implementation of the project in this case: appraiser E of the D appraiser’s office; 1,2, and 2 of evidence A; 302,749,00 won following the implementation of the project in this case; 335,056,00 won;

3. The plaintiff's assertion and judgment

A. The plaintiff's primary assertion that the remaining land of this case is considerably difficult to be used for the previous purpose due to the execution of the project. Thus, the defendant shall pay 37,04,000 won after deducting 65,745,00 won of the value decline loss of the remaining land of this case, which was recognized in the adjudication in the exercise of the right to purchase the remaining land of this case as compensation for losses incurred by the exercise of the right to purchase the remaining land of this case.

Preliminaryly, even if the Plaintiff’s right to purchase the remaining land is not recognized, the Defendant shall compensate the Plaintiff for the loss incurred by the decline in the value of the remaining land in the implementation of the project, which was recognized in the adjudication, of KRW 67,693,00, as compensation for losses incurred by the decline in the value of the remaining land in this case.

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