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(영문) 수원지방법원 2018.08.23 2017구합68043
수용재결취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details, etc. of ruling;

(a) Business title - Business title: Urban planning facility project (B Expansion (2j) (hereinafter referred to as “instant project”): Defendant - A public announcement of project approval on August 18, 2015; and D public notification in Silst City on June 26, 2017

B. The ruling of expropriation made on July 31, 2017 by the Gyeonggi-do Regional Land Tribunal - The date of expropriation: September 14, 2017 - The plaintiff in each item listed in the attached Table 1 owned by the plaintiff located on five parcels, E, and other five parcels, in the city interesting city in the project zone of this case, does not dispute the compensation for the remaining obstacles except trees among the obstacles subject to the ruling of expropriation.

(hereinafter “instant trees”) - Compensation amount: 255,00,000 won in a lump sum for the instant trees - An appraisal corporation: F, G, and H

(c) Defendant’s deposit of compensation for expropriation on September 13, 2017 - Deposit number: Suwon District Court’s Ansan Branch 2017 Geum2903 - Deposit amount: KRW 275,216,660 [the amount included in compensation for obstacles to confinement other than the trees of this case (gates, signboards, and sewage pipes)];

D. The result of the court appraisal by the appraiser I (hereinafter “court appraiser”) (hereinafter “the result of the court appraisal”): The court appraisal conducted a different assessment of the amount of compensation by dividing the amount of compensation at the time of transplantation and the amount of compensation at the time of transplantation into the case where normal planting is not applied (economicly consistent with the purpose of planting trees and where normal growth is possible) and the normal planting is applied, and the amount of compensation at the time of transplantation was assessed, respectively. When the normal sense is applied, the amount of compensation was assessed by dividing it into three grades (the lower line, the standard line and the upper limit line) according to the state of planting trees.

- In cases where normal planting is not applied - the lower limit line: the standard line for the state of planting trees at present: the upper limit line for the realization of profits out of the state of planting trees at normal times: the timbering of trees at normal times.

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