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(영문) 수원지방법원 2020.11.26 2019구합66942
손실보상금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of ruling;

(a) project approval and publication - Railroad construction projects (D construction projects) - E published by the Ministry of Land, Infrastructure and Transport on December 22, 2014

(b) Project operator: Defendant (the Korea Rail Network Authority before modification);

C. A ruling on the use of underground space (1) - The Central Land Expropriation Committee on February 8, 2018 (hereinafter referred to as the “Central Land Expropriation Committee”) - The land subject to expropriation: The land subject to the Plaintiff’s and B’s expropriation: 528 square meters of underground divided superficies, 452 square meters of underground divided superficies among H, 123 square meters of underground divided superficies among H, 323 square meters of underground divided superficies among the I owned by the Plaintiff, 323 square meters of underground divided superficies among J, and 92 square meters of underground divided superficies among K owned by the Plaintiff C [the scope of each divided superficies is approximately 126 m-148 square meters based on average sea waters (100m)]; The date of commencement of use: Compensation for losses on March 28, 2018; the sum of the compensation for losses: 60,67,750 won (2) the Central Land Expropriation Committee’s rulings on October 25, 2018;

D. The Central Land Tribunal’s adjudication on April 11, 2019 (hereinafter “the instant adjudication”) - Application for adjudication on the reduction of the plaintiffs’ remaining land price and compensation for rock rocks - Contents of adjudication: G factory site 2,635 square meters, H factory site 2,586 square meters, 1,774 square meters of I forest land, 1,774 square meters of K, and 4,684 square meters (hereinafter collectively “instant land”) were not deemed to have suffered loss of the remaining land price as a result of appraisal, and the claim for loss due to the impossibility of collecting “am” was not registered as an aggregate extraction business for the extraction of aggregate, and the application for adjudication is dismissed on the ground that there is no objective evidentiary data based on supply records, etc. [based on recognition] the respective entry in Gap 1 and 2, and the purport of all pleadings as a whole.

2. Judgment on the plaintiffs' assertion

A. (1) The Plaintiffs’ assertion (1) As high-speed trains are operated under the ground of the instant land, compensation for damages for the decrease in the price of remaining land, the use and utilization of land, such as the occurrence of vibration, noise, and high-tension electricity, etc., and the building permission becomes impossible due to the public law restrictions and the suspension of access roads.

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