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(영문) 수원고등법원 2020.05.20 2019누13820

손실보상금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

(a) Project approval and announcement 1): A public announcement of a housing redevelopment project [B district housing redevelopment and rearrangement project (the first; hereinafter referred to as the “instant project”) 2] in Suwon-si: The defendant; the C 3 project implementer public notice of Suwon-si on December 11, 2015;

B. The subject matter of expropriation by the Gyeonggi-do Regional Land Tribunal as of April 30, 2018: 76/91 shares (hereinafter “instant shares”) in Suwon-si D 301 square meters in Suwon-si.

(2) Compensation for losses: 382,104,610 won (hereinafter referred to as the arithmetic mean of each of the following appraised values): F appraisal corporation’s appraised value: 379,590,760 won: G appraisal corporation’s appraised value: 384,618,460 won: (c) the date of commencement of expropriation: June 14, 2018; (d) the compensation for losses by the Central Land Tribunal on December 20, 2018: 389,646,150 won (the arithmetic mean of each of the appraised values below):

- The appraised value of H Appraisal Corporation: 392,160,000 won - The appraised value of the I Appraisal Corporation: 387,132,300 won;

(d) Results of the appraisal in the first instance court: 404,729,230 won (based on the recognition), the facts that there is no dispute, Gap evidence 1, 4 through 7 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 through 4, the results of an appraisal commission to appraiser E in the first instance court, and the purport of all pleadings;

2. The plaintiff asserts that the compensation for losses under the judgment of the court of first instance should be increased according to the result of appraisal by the appraiser of the court of first instance, since the compensation for losses under the judgment of the court of first instance did not reflect the market price of the share

In this regard, the defendant is improper to increase the compensation for losses in accordance with the result of the appraisal by the appraiser of the first instance without any error in the result of the appraisal by the appraiser of the first instance. If both the result of each appraisal in the expropriation ruling or objection ruling and the result of appraisal by the appraiser of the first instance trial are not unlawful, it is the most reasonable to determine the compensation for losses by

3. Determination

A. In a lawsuit concerning an increase or decrease of compensation in general legal principles.