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1. As to KRW 237,861,60, and KRW 30,000 among them, the Defendant shall start from May 3, 2017 to November 8, 2017.
Reasons
1. Details of ruling;
(a) Business approval and public notice - Business name: Urban development project (B) - Project operator: Defendant - Public notice of the designation of an urban development zone: Defendant - Public notice of the designation of an urban development zone: C- Public notice of the high city on April 21, 2008: Public notice of the Ministry of Land, Transport and Maritime Affairs on May 18, 2012;
B. The Central Land Tribunal’s ruling of expropriation on March 9, 2017 - Subject to expropriation: The land category of the instant case was changed from the “B” to the “road” on July 1, 2010, to the “Congyang-gu, Seoyang-gu, the Plaintiff owned (hereinafter “instant land”).
- The actual state of use of the instant land: The actual state of use is “road” among the instant land; the actual state of use is deemed “road”; the actual state of use is deemed “ Jeon”; on May 2, 2017, the date of expropriation: - Compensation for losses: Total sum of KRW 216,932,700: (a) the actual state of use is deemed “road” (229 square meters): KRW 148,689,700 (unit price: 649,300 square meters); (b) the actual state of use is deemed “full” (35 square meters): 68,243,00 (unit price: 1,949,800 square meters); and (c) the appraisal corporation and G20.
C. The Central Land Tribunal’s ruling on September 21, 2017 – The actual use of the instant land: The actual use of the instant land is deemed to be “road” and the actual use of the instant land is deemed to be “ Jeon”; the actual use of the instant land is deemed to be “full”; the total compensation for losses: 295,418,400 square meters: (a) the portion in which the actual use of the instant land is deemed to be “road” (174 square meters): 115,031,400 square meters (unit price: 661,100 square meters) and (b) the portion in which the actual use of the instant land is deemed to be “full” (90 square meters): 180,387,000 square meters (unit price: 2,004,300 square meters) - The appraisal corporation: H2,000 square meters, and the purport of the entire pleadings and arguments as a whole.
2. The assertion and judgment
A. The Plaintiff’s assertion is a planned official map used as a road after the land was determined as an urban planning facility road around 2006, and thus, it should not be evaluated as a de facto private road.
Nevertheless, it is not possible.