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(영문) 의정부지방법원 2013.09.17 2011구합5136
토지수용에 대한 보상금증액
Text

1. The Defendant shall pay to the Plaintiff KRW 7,620,00 and the interest rate of KRW 20% per annum from September 18, 2013 to the day of complete payment.

Reasons

1. Details of ruling;

(a) Approval and Public Notice of Projects - Road Projects (B) - Public Notice C ( March 28, 2011) by the Seoul Regional Construction and Management Office - Project Operators: the Seoul Regional Construction and Management Administration;

(b) The Central Land Expropriation Committee’s ruling on expropriation by June 24, 2011 - subject to the adjudication on expropriation by the said Committee: D river 197 square meters, E river 183 square meters, F river 812 square meters, G river 713 square meters (hereinafter “instant land”): Compensation for losses: 306,705,000 won - Date of expropriation by the said Committee on August 17, 201: An appraisal corporation and Gan-si, one appraisal corporation;

C. The Central Land Tribunal’s ruling on an objection made on October 28, 2011 - Dismissal of an objection made - An appraisal business entity: Scenic appraisal corporations and central appraisal corporations (hereinafter “adjudication appraiser”) / [based on recognition] did not have any dispute, Gap evidence 1, 2, Gap evidence 3-4, 5, Eul evidence 1, Eul evidence 6-1, Eul evidence 6-2, and the purport of the entire pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion falls under the unregistered land whose land category was originally changed to “river” on the wind incorporated into the public works (river) and its category was changed to “river.” As such, pursuant to Articles 23 and 25 of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Defendant should assess the adequate amount of compensation by considering the condition that there is no restriction as “river” on the instant land pursuant to Articles 23 and 25 of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor

(b) Article 23 (Appraisal of Land, etc. subject to Restriction in Public Law) (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, shall be assessed according to the condition of restriction.

Provided, That where the restrictions on public law directly aim at the implementation of the relevant public works, it shall be assessed by considering the status in which there is no restriction.

(2) The relevant public works.

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