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(영문) 인천지방법원 2020.01.09 2019구합51295

손실보상금

Text

1. The Defendant: (a) KRW 600,00; (b) KRW 8,553,452 to Plaintiff B; and (c) from September 5, 2018 to January 9, 2020.

Reasons

1. Basic facts

(a) Business authorization, announcement, etc. - Business name: C Housing redevelopment and rearrangement project - Public announcement of project implementation authorization: D public announcement of Gyeyang-gu Incheon Metropolitan City on October 22, 2010 (the project implementation period: from October 22, 2010 to 48 months from the project implementation authorization date, and the defendant) - The first application period for parcelling-out: From November 22, 2010 to February 1, 201: Public announcement of the authorization for project implementation: Gyeyang-gu Incheon Metropolitan City public announcement on September 2, 2016 (the project implementation period: from August 30, 2016 to 48 months from the project implementation authorization date): Second application period: May 19, 2017 to July 8, 2017.

The Incheon Metropolitan City Local Land Tribunal's ruling of expropriation on July 11, 2018 - The target of expropriation: 1/2 equity (hereinafter referred to as "each real estate in this case") owned by the plaintiffs from among the H of 1st basement floor He (including 25.02/329 of ownership site right) of G, which is a partitioned building of the F-based ground in Gyeyang-gu Incheon Metropolitan City - Compensation for losses: Each of the plaintiffs 46,300,000 won - the commencement date of expropriation: September 4, 2018.

The Central Land Tribunal's ruling on February 28, 2019 - The results of the ruling: the dismissal of plaintiffs' objections.

(d) Court appraisal results - Each entry of the plaintiffs' 46,90,000 won (based on recognition), Gap's evidence Nos. 1 through 4 (including paper numbers), Eul's evidence Nos. 4 through 6 (including paper numbers), the result of an appraisal entrusted to I by this court, the purport of the whole pleadings, as a result of an appraisal entrusted to I by this court.

2. Determination on the claim for compensation for losses

A. The plaintiffs' assertion is obligated to pay the difference between the court's appraisal result, which is the legitimate compensation for each real estate of this case, and the compensation for expropriation decision.

B. 1) In a lawsuit on the increase or decrease of compensation for losses adopted by the court as a result of the court’s appraisal, unless all the appraisal results and the court’s appraisal results are found to have no illegality in the assessment methods and there is no evidence to prove that there is an error in the assessment contents, whether to trust any one of the appraisal results belongs to the court’s discretion (see Supreme Court Decisions 92Nu14779, Jun. 29, 1993; 92Nu14779, Mar. 26, 2009).