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(영문) 수원지방법원 2016.01.14 2015구합61185

손실보상금

Text

1. The Defendant: (a) KRW 597,200; and (b) KRW 342,750 to Plaintiff B; and (c) each of them, from September 11, 2014 to January 14, 2016.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: C Residential environment improvement project (hereinafter referred to as the “instant project”): Public notice - Project operator D- Public notice of the Nam-gu Incheon Metropolitan City Office on December 31, 2007; Defendant

(b) The Central Land Tribunal’s ruling of expropriation on July 17, 2014 - Plaintiff B: The Plaintiff’s ground obstacles on the land of the Nam-gu Incheon Metropolitan City E (hereinafter collectively referred to as “instant obstacles”) - Compensation for losses: Plaintiff A56,94,800, Plaintiff B82,781,320 - The date of commencement of expropriation: the appraisal corporation of September 10, 2014 - The appraisal corporation of the country of a dispute resolution and the future appraisal corporation of the Incheon Nam-gu E-gu Incheon Metropolitan City.

C. The Central Land Expropriation’s ruling on January 22, 2015 - Contents of the ruling: Plaintiff A’s compensation for losses was increased to KRW 57,00,400, and Plaintiff B’s compensation for losses was increased to KRW 82,960,60, respectively.

- An appraisal corporation: An appraisal corporation, the Pacific appraisal corporation, and an appraisal corporation (hereinafter referred to as "appraisal of adjudication" in combination with an appraisal appraiser of an expropriation ruling, and the results of appraisal shall be referred to as "adjudication appraisal");

D. As a result of the court’s entrustment to the appraiser G (hereinafter “court appraiser”) by the appraiser G (hereinafter “court appraisal”) assessed the compensation for the obstacles of Plaintiff A as KRW 57,597,600, and the compensation for the damages for the obstacles of Plaintiff B as KRW 83,303,350, respectively.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 1-3, 8, Gap evidence 2-1, 3, 8, Eul evidence 1-2 (including each number), the result of a request for market price appraisal with respect to appraiser G by this court, the purport of the whole pleadings

2. The assertion and judgment

A. Inasmuch as the amount of compensation for losses caused by the plaintiffs' assertion of objection is too underestimated, compensation should be increased.

B. Considering the facts established prior to the determination and the aforementioned evidence, the adjudication appraiser and the court appraiser, taking into account the appraisal methods and contents, etc. of the court appraisal.