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(영문) 의정부지방법원 2017.02.07 2015구합696
손실보상금 증액
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. Project name 1) Project name: 5th (hereinafter “instant project”) of road construction work B

2) Notice: A 3 implementer publicly announced by the Seoul Regional Land Management Office on February 1, 2013: Seoul Regional Land Management Office.

B. Subject to expropriation by the Central Land Expropriation Committee on February 26, 2015: D, 228 square meters and E, 1,101 square meters (hereinafter referred to as “instant land”) in Namyang-si, Namyang-si.

(2) The amount of compensation: 744,391,800 won in total: 3) An appraisal corporation: Samju appraisal corporation, and Il Il-il appraisal corporation (hereinafter “adjudication appraiser”).

(4) The date of commencement of expropriation: The non-contentious facts of April 21, 2015 [based on recognition], Gap evidence 1-1, 2, 2-1, 2-2, Eul evidence 2-1, 2-1, 2-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The land category in the public record of the Plaintiff’s assertion was used as “river” or “former” from around 2000. In the adjudication of expropriation, the land of this case was assessed as “river” and the compensation for losses was assessed under the computation. Thus, the Defendant is liable to pay the Plaintiff the difference between the reasonable compensation for losses and the compensation already paid.

B. Article 67(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that the calculation of compensation in the case of a ruling shall be based on the price at the time of the expropriation ruling. Article 25(1) of the same Act provides that no person shall change the form and quality of the publicly notified land that might hinder the project after the public announcement of the project approval. Article 70(2) of the same Act provides that the amount of compensation for the land shall be calculated by taking into account the actual use at the time of the price and objective conditions based on the general use method, and shall be based on the premise that the land owner or person concerned should use it for temporary use, subjective value and special use.

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