손실보상금
1. As to KRW 91,692,580 and KRW 40,000 among them, the Defendant shall pay to the Plaintiff KRW 91,692,580 from December 16, 2015 to July 7, 2016.
Business name - Business Name : Business name - Business name - Public announcement: B of May 26, 2010: The Ministry of Land, Transport and Maritime Affairs announced on May 26, 2010 - Defendant Central Land Expropriation Committee’s adjudication on expropriation - Housing No. C (hereinafter “instant Housing”) - From the starting date of expropriation: December 15, 2015 - Compensation for losses: The Central Land Expropriation Committee’s adjudication on May 26, 2016 on the compensation for losses: 186,737,040 won: 187,533,360 won, based on the ground of recognition : (i) the respective statements in the Evidence No. 1,2, 3, and 4, the purport of the entire pleadings, the Plaintiff’s adjudication on expropriation, the Plaintiff’s adjudication on expropriation, and its adjudication on the compensation for losses, without considering the area of the instant housing and the current status of the housing in its public record.
Therefore, the Defendant is obligated to pay reasonable compensation for losses calculated according to the actual size and status of the instant housing.
Judgment
Article 33(1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Rule of the Land Compensation Act”) provides that “A building shall be appraised in comprehensive consideration of its structure, status of use, area, life, utility, possibility of relocation, and other various factors related to price formation.” As such, compensation for losses to a building shall be made according to its actual area and status, not the area and status on the public register of the building.
According to Gap evidence Nos. 2 and Eul evidence Nos. 1 and 2 (including a Serial number), and the result of the survey and appraisal conducted by appraiser D (hereinafter “court survey appraiser”) (hereinafter “the result of the court survey and appraisal”), the area of the instant housing in the register of the register is 19.08 square meters in total (=9.54 square meters in the underground room 9.54 square meters), or the actual area of the instant housing is 486.57 square meters in total (=157.16 square meters in the 157.75 square meters in the 157.6 square meters in the 157.6 square meters in the 157.75 square meters in the 157.6 square meters in the 1st floor).