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(영문) 의정부지방법원 2015.12.22 2014구합1043
손실보상금
Text

1. The Defendant: 5% per annum from July 17, 2013 to December 22, 2015 to each of the Plaintiffs’ KRW 990,550 per annum.

Reasons

1. Details of confinement;

A. C’s housing site development project (hereinafter “instant project”): Public announcement of project approval, etc. on December 31, 2008: D public notification of the Ministry of Land, Transport and Maritime Affairs on April 5, 2012, E public notification of the Ministry of Land, Transport and Maritime Affairs, E, and notification of the Ministry of Land, Transport and Maritime Affairs on December 24, 2012: Defendant 3) each land listed in attached Table 1, which is owned by the Plaintiffs (hereinafter “each land of this case”).

the project implementation district of the project of this case

B. The Central Land Expropriation Committee’s ruling of expropriation on May 23, 2013 1) recognized KRW 546,430,290 for the portion owned by Plaintiff A, and KRW 557,85,290 for the portion owned by Plaintiff B, respectively, as compensation for expropriation: The starting date of expropriation: July 16, 2013.

The Central Land Tribunal made an objection on April 17, 2014 to the expropriation compensation for the part owned by Plaintiff A out of each of the instant land in the instant case, as KRW 551,338,480, and to increase the expropriation compensation for the part owned by Plaintiff B in KRW 562,768,480, respectively [based on recognition] Party A’s entry in the evidence Nos. 1 and 2, and the purport of the entire pleadings.

2. In order to use each of the lands of this case for retail stores, offices, housing sites, etc. on which the plaintiffs alleged forest land had been located, the plaintiffs obtained permission to convert the use of each of the lands of this case from the mayor of Pakistan on April 11, 2005, and completed the alteration of form and quality of each of the lands of this case before December 31, 2008, the public announcement date of the project approval.

Therefore, although the part of each land of this case, the form and quality alteration of which was completed, should be considered as a site and the compensation should be calculated, in the appraisal of the judgment, the compensation was calculated by considering the status of use of each land of this case

3. Article 70 (Indemnity for Land, etc. for Public Works Projects) (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be compensated on the basis of the officially announced value under the Public Notice of Values and Appraisal of Real Estate Act, on the condition that the compensation is made from the basic date to the price thereof;

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