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(영문) 대구지방법원 2017.02.17 2016구합22546
손실보상금
Text

1. The Defendant’s KRW 725,850 as well as the Plaintiff’s annual rate of KRW 5% from November 11, 2015 to January 12, 2017.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: A public notice of the modification of a development plan for a zone C (I) on August 13, 2012, and the public notice of the first-2 phase (hereinafter “instant project”): The first-2 phase (hereinafter “public notice”): on October 4, 2007, the public notice of the approval of the implementation plan (public notice of the Ministry of Knowledge Economy) on May 6, 2008, the public notice of the designation of E Zone (F in the public notice of the Ministry of Knowledge Economy), the public notice of the amendment of a development plan for a zone (H in the public notice of the Ministry of Knowledge Economy), the public notice of the amendment of a development plan for the zone C (II in the public notice of the public notice of the approval of the implementation plan (public notice of the Ministry of Knowledge Economy), and the public notice of the approval of the implementation plan (public notice of the E Zone) on June 17, 2013: Defendant

(b) The Central Land Tribunal’s ruling of expropriation on September 17, 2015 (hereinafter “instant ruling of expropriation”): K forest land 1,613 square meters (hereinafter “instant land”) and obstacles on the land owned by the Plaintiff: November 10, 2015 - Compensation for losses: 32,018,050 won for the instant land, and 16,495,000 won for the obstacles: the Pacific Appraisal Corporation and the Gao Appraisal Corporation (hereinafter “appraisal of expropriation”): The Pacific Appraisal Corporation and the Gao Appraisal Corporation (hereinafter “appraisal”).

C. The Central Land Tribunal made an objection on August 25, 2016 (hereinafter “instant objection”) - The content of the adjudication: The Plaintiff’s rejection of an objection - An appraisal corporation: the State’s appraisal corporation and the Korea Appraisal Board (hereinafter “Appraisal of Objection”):

D. As a result of the court appraisal, the Plaintiff applied for the appraisal of the instant land among the objects to be expropriated in this court, and L, the appraiser of this court, assessed the adequate amount of compensation for loss on the instant land at KRW 32,743,90.

(hereinafter referred to as “court appraisal”). [Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, and Eul evidence 1 through 6 (including paper numbers; hereinafter the same shall apply), the result of this court’s entrustment to appraiser L, the purport of the whole pleadings.

2. The assertion and judgment

A. The officially announced value of the standard land, which is the standard for calculating the Plaintiff’s claim for one expropriation compensation, is the instant project.

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