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(영문) 전주지방법원 2015.09.16 2014구합2062

손실보상금

Text

1. The Defendant’s KRW 21,906,00 for the Plaintiff and KRW 5% per annum from July 16, 2014 to September 16, 2015.

Reasons

1. Facts of recognition;

(a) Name of the project approval and public notice: C publicly notified by the Ministry of Land, Transport and Maritime Affairs on June 29, 2012;

(b) Subject matter of expropriation by the Central Land Tribunal on May 22, 2014: The date of commencement of expropriation of the instant obstacles on the ground and six parcels of land (hereinafter collectively referred to as “instant obstacles”): 25,794,000 won: The amount of compensation on July 15, 2014: the Korea Land Appraisal Corporation which was a stock company, the Korea Land Appraisal Corporation, and the future Land Appraisal Corporation (the result of appraisal of the instant obstacles by each of the above appraisal corporations is identical; hereinafter referred to as “appraisal of expropriation”):

(c) Appraisal corporation as a result of the entrustment of appraisal by this court: The appraisal corporation shall calculate the cost of transfer and acquisition pursuant to Article 38(3) and (5) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), but the cost of transfer and acquisition shall be calculated, taking into consideration the condition of fast growing, and the amount of loss shall be calculated with acquisition value other than the cost of relocation as a result of appraisal: 47,700,000 won (hereinafter “court appraisal”) in total, including the cost of transfer of white trees and the acquisition value of red land trees (hereinafter “date of appraisal”): 69,750,00 won in aggregate of the acquisition value of the instant obstacles; 69,750,00 won in total (based on recognition); 1; 1; 2; 350,000 won in each item of evidence No. 1 (including a serial number); the purport of this court’s appraisal as a result of the entrustment of appraisal to appraiser E;

2. The plaintiff's appraisal of acceptance of the obstacles of this case is unfair because it is not possible to know whether the amount of compensation is acquisition cost or transfer cost, and what is the specific method of calculation. Thus, the defendant shall additionally pay the difference between the reasonable compensation for losses and the compensation determined by the court appraisal to the plaintiff.

3. Buildings, etc. under Article 75 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor;