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(영문) 서울고등법원 2015.03.12 2014누6816
토지수용재결처분취소등
Text

1. The appeal by the Central Land Expropriation Committee is dismissed;

2. Expenses for appeal shall be borne by the Central Land Expropriation Committee.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the addition or replacement of a part of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. Under the second sentence, “No. 205-317” is added to “No. 2008-337 of the Ministry of Land, Transport and Maritime Affairs Notice No. 2008-595 of the Ministry of Land, Transport and Maritime Affairs Notice No. 2009-595 of August 17, 2009, and No. 2011-491 of the Ministry of Land, Transport and Maritime Affairs Notice Sept. 9, 201.”

(b) 5 square meters per floor in the third place of 5 square meters are composed of “64.5 square meters per floor”.

C. The plaintiff and the defendants in Part 12 of Part 3 are referred to "the defendant Corporation". D.

Under the third place, the "1st floor 38.22 square meters" in the third place shall be divided into "30.72 square meters per floor".

(e)Paragraph 4 (1) shall add to:

A person shall be appointed.

D. On April 19, 2013, upon the Plaintiff’s filing of objection, the Defendant Commission rendered a ruling on an objection to increase the compensation amount to KRW 721,079,50 for the instant land, remaining buildings, etc. (i.e., the instant land KRW 629,080,650, the remaining buildings of KRW 47,023,850, including machinery, etc. of KRW 44,975,00).

A person shall be appointed.

(f) by inserting up to Class 2 of Chapter 4 [based grounds for recognition] the phrase “A evidence Nos. 9 and 4.”

(g) 57 "57" shall be applied to the area of the previous building on the 5th floor (land size) with "64.5" and "38.22" with "30.72" with the area of the remaining building (land size).

(h)On the other hand, from the 6th page “On the other hand,” to the 5th page, and add to that part the following:

In addition, as seen earlier, the public expropriation should be limited to the minimum extent necessary to guarantee the property right under the Constitution in light of the fundamental purpose of Article 23 of the Constitution, the project operator loses public interest that allows the public expropriation after obtaining the project approval.

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