logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2013.02.06 2011가합19092
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 30, 207, the Minister of Construction and Transportation, on the E-site development area, designated and publicly announced the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter the same shall apply) as the executor of the said housing site development project (hereinafter “instant project”), and approved and publicly announced the development plan of the said housing site development area (the Ministry of Construction and Transportation’s announcement F), January 9, 2008, and on December 26, 2008, approved the said housing site development plan (the Ministry of Construction and Transportation G), the said housing site development plan.

(Public Notice of the Ministry of Land, Transport and Maritime Affairs).

On July 31, 2009, the Defendant, as the implementer of the instant project, publicly announced the instant project district compensation plan stating that the amount shall be compensated by taking an arithmetic mean of the appraised values of at least two certified appraisal business entities pursuant to Article 68 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) with respect to the land incorporated into the instant project and obstacles, as the implementer of the instant project. On December 24, 2009, the Defendant publicly announced the partial modification of the compensation plan for the instant project district.

C. The Plaintiff owned a 24,717 square meters of I forest land within the instant project district (hereinafter “land before subdivision”) and its ground located within the instant project district. However, the land before subdivision was divided into a 14,824 square meters of I forest land and 14,824 square meters of J forest and field, and a 9,893 square meters of J forest and field (hereinafter “instant land”) on May 6, 2010.

On November 12, 2009, the Defendant requested an appraisal corporation for a corporation and a dialogue appraisal corporation for an appraisal and assessment of the land and obstacles to be incorporated into the instant business. Each of the said appraisal and assessment corporations shall be 96,300 won per square meter (952,792,200 won per 1 square meter for the entire area of 9,894 square meters) on the premise that the present state of the instant part of the land in the land before subdivision is forest land, and 97,300 won per 1 square meter (9,894 square meters for the entire area of 9,894 square meters), respectively.

arrow