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(영문) 의정부지방법원 2015.04.14 2014구합149
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of confinement;

(a) BD District Bogeumjari District Development Project (hereinafter “instant project”) - The public notice of recognition on October 10, 2008 (Ministry of Land, Transport and Maritime Affairs C) - the public notice of the indemnity plan September 4, 2009 - the public notice of the designation, alteration and approval of alteration of the development plan on October 1, 2009 (Public notice of the Ministry of Land, Transport and Maritime Affairs D) - the public notice of conversion into the Bogeumjari Housing District on May 7, 2010 (Public notice of the Ministry of Land, Transport and Maritime Affairs E): Defendant

B. The Central Land Tribunal’s adjudication on July 18, 2013 (hereinafter “instant adjudication on expropriation”) 1) land F, G, H, and I (hereinafter “each of the instant lands”) in Gyeyang-gu, Gyeyang-gu, the Republic of Korea, which is expropriated by the instant project, as alleged by the Plaintiff.

(2) Of the equity right holders of 2238/8238 shares, the content of the adjudication (referring to the thick sand created by the winding rock) and the reasonable compensation for obstacles existing on each of the instant lands - The date of commencement of expropriation: - Compensation for losses: 15,016,710 won - The amount equivalent to the Plaintiff’s share (2238/8238) out of the compensation for obstacles existing on each of the instant lands shall be recognized as 15,016,710 won, and the marina land claimed by the Plaintiff shall not be deemed to exist on each of the instant lands from the date of the public announcement of the project approval, and thus excluded from the compensation subject thereto.

C. The Central Land Tribunal’s adjudication on December 19, 2013 (hereinafter “the instant adjudication”) 1) on the Plaintiff’s claim and the payment of compensation for the Marina and the increase of compensation for the above obstacles 2) - Compensation for losses: KRW 15,101,620: increase of compensation for the above obstacles; however, there is no dispute against the Plaintiff’s claim for Marina on the same ground as the instant adjudication on expropriation. However, as to Marina, the Plaintiff’s claim was dismissed [based on recognition], Gap’s evidence 1, 2, Eul’s evidence 1, and 6 (including each number), and the purport of the entire pleadings as a whole.

2. The Plaintiff’s judgment on the claim for increase in compensation for obstacles is an obstacle to each of the instant lands recognized by the instant judgment.

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