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(영문) 수원지방법원 2018.04.26 2017구합66764

손실보상금증액 청구의 소

Text

1. The Defendant’s KRW 5,734,400 as well as 5% per annum from July 27, 2017 to April 26, 2018 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B (C Opening Corporation; hereinafter “instant project”): Public notice D and public notice E: Defendant

(b) The Central Land Expropriation Commission’s ruling on expropriation on July 25, 2016 - Land to be expropriated: F 264 square meters (hereinafter “instant land”) and G 184 square meters (hereinafter “instant 2 land”): Compensation for losses: Total sum of compensation 159,712,000 won - The date of commencement of expropriation: the Land Appraisal Corporation and Samsung Appraisal Corporation (hereinafter “Water Appraisal Corporation”) (hereinafter “Water Appraisal”) on April 19, 2016

C. Determination made by the Central Land Tribunal on June 22, 2017 - Amount of compensation for adjudication: The sum of KRW 96,597,600 (unit price per square meter: KRW 365,900) of the instant land 1 and KRW 163,923,200 (unit price per square meter: KRW 365,90) of KRW 23,923,60 (unit price per square meter: KRW 365,90) of the instant land 2: An appraisal corporation (i.e., KRW 96,597,60, KRW 67,325,600) - An appraisal corporation and an appraisal corporation (hereinafter “appraisal on objection”)

D. As a result of appraiser H’s appraisal (hereinafter “court appraisal”) - Each entry in the land No. 1 of this case 9,976,80 won (378,700 won per square meter: 378,700 won) and the 69,680,800 won for the land No. 2 of this case (378,700 won per square meter: 378,700 won) - the sum of KRW 169,657,600 (i.e., 99,976,800 won 69,680,800 won) - The fact that there was no dispute, and that there was no ground for recognition, subparagraph 3 of this case, subparagraph 2 of this case, and subparagraph 3 of this case, and subparagraph 3

2. The assertion and judgment

A. The Plaintiff’s assertion is erroneous in the determination of comparative standards and transactional cases, and the Plaintiff’s acceptance compensation is so excessive and unfair as it is so calculated based on erroneous appraisal. As such, the Defendant is obligated to pay to the Plaintiff a partial amount of KRW 10 million and damages for delay, out of the difference between the legitimate compensation and the compensation for losses as provided in the instant expropriation ruling or the instant objection ruling.

(b) the judgment court;