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(영문) 수원지방법원 2018.09.11 2017구합65242
손실보상금
Text

1. The defendant shall pay to the plaintiffs each money listed in the Schedule A, B, C, D, E, G, H, I, J, K, L, M, respectively.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): Public housing project approval (O district 2) : Defendant: P on August 23, 2013, the Ministry of Land, Transport and Maritime Affairs published on January 23, 2014, and the Ministry of Land, Transport and Maritime Affairs published on January 23, 2014: Defendant;

B. Land subject to expropriation by the Central Land Tribunal on September 29, 2016: Each land specified in attached Table 2 (hereinafter referred to as “each land of this case”).

2) The starting date of expropriation: The amount indicated in the column for the adjudication of expropriation as shown in the attached Table 2, on November 22, 2016:

(c) Compensation for losses by the Central Land Tribunal on April 27, 2017 (Adjudication No. 1) : The amount indicated in the column for objection stated in the attached Table 2: An appraisal corporation: A new appraisal corporation in the future of a stock company, a three-day appraisal corporation [based] appraisal corporation, and a fact that there is no dispute, Gap's 1, 2, and 3 (including additional numbers), Eul's 1 and 2, and the purport of the whole pleadings;

2. Since the amount of compensation determined by the ruling on the objection of this case does not reach the market price, the defendant is obligated to pay the difference between the compensation and the above compensation amount to the plaintiffs.

In particular, since Plaintiff F’s land is located on the ground, there is a building on the ground, it should be assessed as a site rather than a forest land category on the public register, and since Plaintiff F cultivated crops, fruit trees, etc. from around 2005, it should be assessed as an orchard rather than a forest land.

3. Judgment on Plaintiff F’s assertion

A. Article 70(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “The amount of compensation for land shall be calculated by taking into account the real situation at the time of the price and the objective situation based on the general method of use, but the temporary conditions of use, etc. shall not be considered.” Article 24 of the Enforcement Rule of the Land Compensation Act provides that “A building which shall be constructed after obtaining permission or making a report pursuant to the relevant Acts and subordinate statutes, such as the Building

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