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(영문) 인천지방법원 2015.11.19 2014구합33179
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a project implementer of "C Opening Business".

B. The Defendant filed an application for adjudication with the Regional Land Expropriation Committee of Incheon Metropolitan City, which had owned 1/2 shares of 716 square meters of the land of this case (hereinafter “instant land”) located within the said project zone, but did not reach agreement. On October 7, 2014, the Incheon Metropolitan City Regional Land Expropriation Committee determined the commencement date of expropriation as of November 21, 2014 to expropriate the instant land, and made an adjudication on the amount of compensation for the Plaintiffs as KRW 28,904,940 on the basis of the instant land being forest land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion that the land category of the instant land is “forest” but it was used as “former” from the time when the land was reclaimed in around 1950, and there was no legislation that regulates the alteration of the form and quality of mountainous districts at the time the instant land was reclaimed. As such, the reclamation of the instant land does not constitute an illegal alteration of the form and quality of land.

Therefore, the amount of compensation should be determined on the basis of “the preceding”, which is the actual situation of use.

(b) Attached Form of relevant statutes;

C. 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)

(2) According to Article 70(2) of the Land Compensation Act and Article 24 of the Enforcement Rule of the Land Compensation Act, the amount of compensation for land shall be calculated by taking into account the actual situation at the time of the price and the objective situation based on the general method of use, and land, the alteration of form and quality of which is changed without obtaining permission or filing a report (hereinafter referred to as “illegal land changing form and quality”) without obtaining permission or filing a report.

land shall be changed to the form and quality of the land.

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