logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2017.07.12 2016누11677
수용보상금증액청구
Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff shall be revoked, and the part against the revocation shall be the plaintiff.

Reasons

1. Article 75(3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “The soil, stones, sand or gravel belonging to land (limited to cases where soil, stones, sand or gravel is subject to acquisition or use separately from the land in question) shall be compensated at a reasonable price assessed in consideration of the transaction price, etc.”

"Cases where soil, stones, sand, or gravel is separately acquired or used from the land in question" in the above provision means cases where there is an administrative measure that can lawfully change the form and quality of the land or collect stone with respect to the land subject to expropriation to which the soil, stones, sand, or gravel belongs, or where it is objectively recognized that it has an impact on the price of the land and it has an economic value separate from the land

(See Supreme Court Decision 2002Du4518 Decided April 8, 2003, etc.). As above, the building stones belonging to the above land shall be compensated only when they are subject to acquisition or use separate from the pertinent land. The Plaintiff filed a claim for compensation for the building stones, but did not appeal the judgment dismissing the claim in the first instance court, and appealed the increased amount of compensation for the building stones. As such, the scope of this court’s judgment is limited to the increased amount of compensation for the building stones in the first instance court’s judgment.

2. Details of ruling;

(a) Project approval and announcement 1) Project name: A public announcement of project approval and announcement of C development project 2: The defendant; D public announcement of Gyeongnam-do on September 5, 2013, and E public announcement of Gyeongnam-do on May 29, 2014;

B. The subject of the adjudication of expropriation by the Gyeongnam-do Regional Land Expropriation Committee: ① 56m2, 22,569m2 among H forest land owned by the Plaintiff; ③ 1/2 of the 1/2m2 of the 8,430m2 of the 8,430m2 of the I forest land; ④ 1/2 of the 13,587m2 of the J forest land; ⑤ 1/2 of the 4,165m2 of the K forest and 4,165m2 of the 4,165m2,

arrow