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(영문) 수원지방법원 2019.12.19 2018구합65126
손실보상금
Text

1. The Defendant: (a) from January 31, 2018, with respect to Plaintiff A’s KRW 10,082,50; (b) KRW 11,228,100; and (c) each of the above amounts.

Reasons

The project approval process and the name of the public announcement project: The project implementer of the urban planning facility project (C) project: The public announcement of the project on March 21, 2014: The land subject to the expropriation ruling by the Central Land Expropriation Committee announced as of December 7, 2017 (hereinafter “instant land”) announced as of March 21, 2014: The land subject to the expropriation ruling by the Plaintiff on December 7, 2017: The E before the Silung City owned by the Plaintiff (hereinafter “instant land 1”); the F forest land 2,879 square meters (hereinafter “instant land 2”): Compensation for losses on January 30, 2018: The date of expropriation of the instant land 1; the land 283,050,000 won; and the land 351,238,000 won prior to the date of the public announcement of the project: The purport of the appraisal ruling by the Plaintiffs on April 26, 2018, including the Plaintiffs’ objection to the entire land No. 1 or No. 24.

Since an appraisal appraiser for a ruling has mistakenly assessed the goods, etc. of the land to be expropriated and the correction of other factors, etc., the defendant shall additionally pay compensation to the plaintiffs according to the results of the appraisal and supplementary appraisal conducted by the appraiser G (hereinafter referred to as the "court appraiser").

Judgment

According to the relevant legal principles, Article 70(2) and (6) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and Article 24 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the amount of compensation for the land should be calculated according to the actual situation of use. Thus, the current state of use of the land subject to expropriation is temporary or illegal land change.

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