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(영문) 인천지방법원 2018.12.13 2016구합54965
손실보상금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) Business authorization and public announcement - Road Construction Works (hereinafter referred to as the “instant project”): C - Public announcement of project implementation authorization on March 27, 2015; D public announcement of the Gangnam-gu Incheon Metropolitan City on March 27, 2015; E public announcement of the Nam-gu Incheon Metropolitan City on May 8, 2015; F public announcement of the Nam-gu Incheon Metropolitan City on September 15, 2015 - Project implementer: the Nam-gu Incheon Metropolitan City Mayor:

B. The Incheon Metropolitan City Regional Land Tribunal’s ruling of expropriation on October 6, 2016 and the ruling of correction on October 25, 2016 (hereinafter “instant adjudication of expropriation”) - Subject to expropriation and compensation for losses: The items indicated below:

(2) The land to be expropriated by the Plaintiffs is “each of the instant land,” and the part which is assessed as “the instant road section” and “the instant ditch section” in which the current status is assessed as “the instant road section” and “the instant ditch section”). - The starting date of expropriation: ABH I JIK G on November 30, 2016

C. As a result of the court’s appraisal, entry of Gap’s evidence Nos. BH I JI KG (based on recognition), Gap’s evidence Nos. 1 through 6, the result of this court’s entrustment of appraisal and fact-finding, the purport of the entire pleadings

2. The assertion and judgment

A. The plaintiffs' alleged compensation amount is too low for the following reasons, and the price of each of the lands of this case is less than the reasonable compensation amount for each of the lands of this case. Thus, the defendant is obligated to pay the difference between the legitimate compensation amount for each of the lands of this case and the compensation amount for each expropriation.

① The adjudication of expropriation of the instant case deemed the site of the instant road and the site of the ditches, and calculated the amount of compensation. The portion of the instant road and the ditches were originally used, and all of the late 1970s or in the 1980s, the road and the ditches were incorporated into the site of the public works newly installed in the form of a straight line, and thus, the compensation is not paid.

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