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Reasons
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(영문) 수원지방법원 2017.03.08 2015구합65156
수용재결취소
Text

1. The defendant,

A. The Plaintiff A’s KRW 2,940,884 and its related KRW 5% per annum from July 14, 2015 to March 8, 2017.

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Business name: Leecheon-si Road Maintenance and Improvement Project (C Corporation) (hereinafter referred to as the “instant project”): Defendant - Public notice of Leecheon-si on November 6, 2013, D, E, January 22, 2014, and E, December 9, 2014;

B. The Gyeonggi-do Local Land Tribunal’s ruling on expropriation on March 23, 2015 - The expropriation subject to the Plaintiff’s ownership (hereinafter “instant land”) ① 3,521/4,694 shares out of 57 square meters prior to Dongcheon-si (hereinafter “instant land”), ② 2,347 shares out of 2,741/4,287 square meters of H forest land (hereinafter “instant land”) and ③ 1/2 shares out of 893 square meters of I road (hereinafter “instant land”) (hereinafter “instant land”) - The expropriation commencement date: 6,563,050 won for the Plaintiff’s share among the instant land; 2. The Plaintiff’s appraisal corporation and appraisal corporation (hereinafter “the appraisal corporation”) shall be 17,572,920 won for the Plaintiff’s share among the instant land; and 3. The appraisal corporation and appraisal corporation (hereinafter “the Plaintiff’s share”) shall be 174,504,205,27.

C. The court's entrustment of appraisal to appraiser J (hereinafter "court appraisal") - Compensation KRW 9,063,00 for the land of this case (the amount calculated by the ratio of shares owned by the plaintiff A, KRW 6,798,215, less than KRW 6,215; KRW hereinafter the same shall apply), and Compensation KRW 281,640,00 for the land of this case (the amount calculated by the ratio of shares owned by the plaintiff A), ③ Compensation KRW 34,827,00 for the land of this case (the amount calculated by the ratio of shares owned by the plaintiff A), and KRW 34,827,00 for the land of this case (the amount calculated by the ratio of shares owned by the plaintiff A), and there is no dispute over the non-existence of evidence Nos. 1-3, 1-2, 500 for the land of this case, evidence Nos. 5-1 through 4, 10-2, and 10 for the appraisal of this case, the purport of the Court as a whole entrustment.

2. The assertion and judgment

A. As to each of the instant lands asserted by the Plaintiffs, the Plaintiff A against the Defendant.

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