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(영문) 대구지방법원 2020.05.13 2018구합23130

손실보상금

Text

1. The Defendant shall pay to the Plaintiff KRW 2,237,40 and the interest rate of KRW 12% per annum from August 11, 2018 to the date of complete payment.

Reasons

1. Details, etc. of ruling;

(a) Name of the project and that of the public announcement of the project approval: The defendant; C public announcement of the Daegu Metropolitan City ( November 12, 2007) and D public announcement of the Nam-gu Seoul Metropolitan City ( November 8, 2016) and E ( March 3, 2018):

B. Land and obstacles subject to expropriation by the local land expropriation committee of Daegu Metropolitan City on June 25, 2018: The Flue-gu, Daegu and compensation for expropriation of obstacles, such as housing, etc. (hereinafter “instant land and obstacles”): 140,744,000 won starting from expropriation: August 10, 2018.

Compensation by the Central Land Tribunal for a ruling on November 22, 2018: 146,201,00 won

D. The reasonable value of the instant land and obstacles was assessed as KRW 148,438,400 on the basis of the date of the adjudication of expropriation, as a result of the commission of appraisal to G Co., Ltd. (hereinafter “court appraisal”).

[Ground of recognition] The fact that there is no dispute, Gap's 3, 5, 9 (including each number), Eul's 4 and 5, the court's appraisal result, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since the Plaintiff’s claim and obstacles are excessively low, the compensation for losses recognized in the adjudication procedure is unfair. Thus, the Defendant should pay the Plaintiff additional compensation for losses as stated in the purport of the claim in addition to the compensation for losses recognized in the above procedure.

B. The appraisal results submitted by an appraiser under the entrustment of the court of relevant legal principles on the basis of professional knowledge and experience are considerably important in the process.

If the other party does not submit objective data that can detect its credibility, it shall not be readily rejected only by pointing out the possibility of minor errors that can be found in the course of appraisal, etc., and the result of appraisal by an appraiser shall be respected unless there is a significant fault that the appraisal method, etc. is contrary to the empirical rule or unreasonable.