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(영문) 광주고등법원 2019.08.29 2018누4372
토지수용에 대한 보상금 증액 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Details, etc. of ruling;

A. A. On July 19, 2007, the first approval of the housing construction project plan (Public Notification D1 of the Mine District Public Notification) - Housing construction project name approval - Location: Housing construction project for opening roads around Gwangju Mine-gu E and 39 parcel 2) - Expropriation land: 31 parcel, including E, 1,557 square meters, etc. - F big 460 square meters (hereinafter “instant land”) owned by the Plaintiff was not included at the time below.

be incorporated later, such as subsection (1).

B. On June 28, 2012, the grounds for modifying the specific-use area of the instant land: Before the planned development following the construction project of multi-family housing and the alteration of the land subject to securing a good residential environment: Before the alteration of the 29,681 square meters of a mine area: 21,359 square meters in a Class-II general residential area, 8,322 square meters in a Class-III general residential area: After the alteration of the 1,960 square meters in a Class-II general residential area, 27,721 square meters in a Class-III general residential area (19,39 square meters in a Class-III general residential area among Class-II general residential areas following the alteration of the existing specific-use area), the instant land owned by the Plaintiff was entirely mixed with the instant specific-use area at the 3rd general residential area and Class-III general residential area at the 45% rate, but all of the instant land was mixed into the specific-use area.

3) An additionally incorporated land (i.e., an increase in land): The instant land (i.e., an incorporated area - 460 square meters in a third-class general residential area);

(c) Approval for the change of a housing construction project plan on May 1, 2015 - Title: The construction of J apartment (urban Planning Road) adjacent roads (hereinafter referred to as “instant project”) - Project implementer: Defendant - Public notice of authorization for the implementation of the project: K public notice of the Gwangju Metropolitan City Mine on May 1, 2015

(d) Gwangju Metropolitan City Land Tribunal: adjudication on expropriation on October 8, 2015 - Commencement date of expropriation: November 7, 2015 - Land owned by the Plaintiff.

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