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1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 15,112,500 for the Plaintiff and its related expenses on July 17, 2018.
Reasons
1. Basic facts
(a) Authorization and public notice - Name of project: B - Authorization for project implementation: Public notice C of Jeju Special Self-Governing Province on October 4, 2012;
(b) The Central Land Tribunal’s ruling of expropriation on June 14, 2018 - Subject to expropriation: D Prior to Jeju City D - Compensation for losses on July 16, 2018 - Compensation for losses: 169,651,000 won (land of this case, KRW 164,287,500; KRW 5,363,500 for obstacles: Stock Company E and Stock Company F)
C. Court’s appraisal result - Compensation amount for the instant land: (1) Where the land category and use are “before”, KRW 179,400,000; and (2) where the land category and use are “miscellaneous land”, KRW 195,975,00;
(d) Deposit - The Defendant, the deposited person: The Plaintiff - the deposited amount of KRW 169,651,00 (the land of this case, KRW 164,287,50, KRW 500, KRW 5,363,50) / The fact that there is no dispute, Gap evidence Nos. 1 through 4 (including the serial number), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings;
2. The assertion and judgment
A. On December 31, 2003, the Plaintiff purchased the instant land at a voluntary auction procedure. Since the current status of the instant land at the time was different from the land category, the lower auction price was assessed as miscellaneous land. The instant land is currently used as miscellaneous land. Therefore, on the premise that the instant land is miscellaneous land, the Defendant is still obligated to pay the Plaintiff the amount of KRW 195,975,000 (in the result of the court’s appraisal), which is the reasonable compensation for losses, and the amount of KRW 31,687,50, which is the difference between KRW 164,287,50 and KRW 164,50 (in the above court’s appraisal result, KRW 2), which is the compensation for the expropriation decision, and delay damages therefrom.2) Even if the instant land is not the miscellaneous land, the Defendant is obligated to pay the Plaintiff the amount of KRW 179,400,000,000, which is the legitimate compensation for the instant land.
B. 1) Determination is based on the current status of the instant land.