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(영문) 수원지방법원 2017.07.04 2016구합67821

손실보상금

Text

1. As to the Plaintiff A’s KRW 65,56,60, and KRW 75,390,000 to Plaintiff B and each of the said money, the Defendant’s payment to Plaintiff B on January 13, 2016.

Reasons

1. Details of ruling;

(a) Business approval and publication - Business name: Public housing project (C) - Public housing project: D publicly notified by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010 - Project operator: Defendant;

(b) The Central Land Tribunal’s ruling on expropriation as of November 19, 2015 - subject to expropriation: 1,084 square meters for Sinnam-si, Sungnam-si, Sinnam-si, and 1,302 square meters for F (hereinafter “Plaintiff A”) owned by the Plaintiff, and 1,576 square meters for G, and 100 square meters for H (hereinafter “Plaintiff clan land”): The starting date of expropriation: Compensation for losses on January 12, 2016 - Total sum of Plaintiff A land of KRW 1,207,953,60 for 1,200,000 for Plaintiff clans total sum of Plaintiff A land for 1,207,953, and 1,302 square meters for Sinnam-si, Sinnam-si (hereinafter “Plaintiff’s clan”) and Plaintiff B, respectively.

C. The Central Land Tribunal’s ruling on August 25, 2016 - Details of the ruling: The amount of compensation for losses for the Plaintiff’s land increased to KRW 1,027,88,800 in total; the Plaintiff’s objection raised by the clan is dismissed - An appraisal corporation: the Japanese Land Appraisal Corporation and the Pacific Appraisal Corporation (hereinafter “Appraisal of Objection”):

D. Results of this Court’s entrustment to appraiser I - Contents of appraisal: 1,093,45,400 won totaling the compensation for losses for the Plaintiff’s land; and 1,283,343,600 won totaling the compensation for losses for the Plaintiff’s clan’s land (hereinafter “court appraisal”) was not disputed; Gap’s evidence 1 through 4 (including branch numbers); Eul’s evidence 1 to 4 (including branch numbers); Eul’s evidence 1 to 4; the result of this Court’s entrustment to appraiser I; the purport of the entire pleadings;

2. Determination

A. The plaintiffs' assertion A's appraisal of expropriation and its appraisal of the plaintiff's land and the plaintiff's clan's land are not reflected in the market price and it is unfair to evaluate it low. Thus, the defendant falls under the difference between the appraised value of each of the above lands according to the result of the court appraisal and the compensation amount as stipulated in the adjudication or its appraisal.