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(영문) 대구지방법원 2016.02.03 2015구합2163
토지보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

(a) A public announcement of project approval: A project approval for B road expansion works (hereinafter “instant project”): The Defendant

B. Persons subject to expropriation by the local land expropriation committee located on December 18, 2014 (hereinafter “instant land”): 4,591 square meters of forests and fields D (hereinafter “instant land”) located in Gyeongbuk-gun, Gyeongbuk-do.

(2) Of the Plaintiff’s share of 34/952 and the amount of compensation therefor: 2,451,260 of the Plaintiff’s share in the instant land, and 15,211,600 of the surface of the instant land: The commencement date of expropriation 3: February 6, 2015.

The Central Land Tribunal shall increase the compensation for obstacles to the land in this case by KRW 15,670,000 on June 25, 2015.

D. The Plaintiff (the 34/952 shares) and F (918/952 shares) share the forest E, 92,680 square meters in Gyeongbuk-gun, Northbuk-do. However, upon the implementation of the instant project, the instant land was divided into 4,591 square meters on May 11, 2012, and E forest left 88,089 square meters in size.

With respect to F’s 918/952 shares (4,427 square meters) in the instant land, consultation between F and the Defendant was concluded, and the registration of ownership transfer was completed in the name of the Defendant on May 14, 2012.

【Grounds for Recognition】 Evidence Nos. 1 through 3, Eul’s Evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff’s share in the instant land was accepted, and 3,146 square meters equivalent to 34/34/10 of the Plaintiff’s share, owned by the Plaintiff, out of 8,08,089 square meters of forests and fields E, Gyeong-gun, Gyeonggi-do. As such, the Defendant purchased the instant land and paid the Plaintiff damages for delay (=3,032,700 square meters of land = 3,146 square meters of land = 88,089 X 34/952) and damages for delay.

(b) Entry in the attached statutes of the relevant statutes;

C. Article 74(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that part of a group of land belonging to the same owner shall be purchased through consultation.

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