보상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Defendant is a reconstruction housing association that obtained authorization on June 4, 1993 to implement a reconstruction project that newly constructs a D apartment on the ground of 26,582.26 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant reconstruction project”), and the Plaintiff owned the Defendant’s members of Dongdaemun-gu Seoul E-gu (hereinafter “instant land”) and the Han-style building (hereinafter “instant building”) located within the area where the instant reconstruction project was implemented.
B. The reconstruction project of this case was implemented on February 5, 1997. The defendant set the appraised value of the land and buildings of this case as 542,793,100 won on May 12, 2003, and the plaintiff's rights as 591,443,643 won (i.e., the appraised value and the purchase price of the State and public land), and the sale standard amount for the plaintiff as 547,242,694 won (i.e., the amount of the above rights x the proportional ratio x 0.9266). The plaintiff allocated 260,076,00 to the plaintiff.
C. D apartment newly built due to the instant reconstruction project was completed on June 5, 2003, and the inspection of use was completed on August 5, 2003, and on August 11, 2003, the Plaintiff completed registration of preservation of ownership as to D apartment in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 104 Dong 304.
[Ground for recognition] Each entry of Gap evidence Nos. 1, 2, and 4 (including each number; hereinafter the same shall apply) and the purport of the whole oral argument
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion as to the claim for compensation based on the reasonable appraised value is based on the amount of the Plaintiff’s right at will calculated as KRW 591,443,643, without going through an appraisal by two certified appraisal agencies pursuant to Article 27 subparag. 2 of the Union Regulations, even though the Plaintiff, a partner, should calculate the amount of shares in the instant land and building invested by the Plaintiff.
However, the reasonable appraised value of the land of this case is KRW 1,056,566,00, and it is the building of this case.