beta
(영문) 부산지방법원 2019.02.14 2017구합20911

손실보상금

Text

1. The Defendant: 33,219,250 won to Plaintiff A; 12,358,200 won to Plaintiff B; 27,049,450 won to Plaintiff C; and 5,63.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: M business (NB) - Project operator: Defendant - Public notice:O publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 14, 2012;

(b) The Central Land Tribunal’s ruling on expropriation on October 13, 2016 - The date of commencement of expropriation: December 6, 2016 - Land owned by the Plaintiffs and obstacles in the attached Form - Appraisal Corporation: P and Q.

C. The Central Land Tribunal’s ruling on February 23, 2017 - Compensation: As indicated in the column for “this ruling” in the attached Table.

- Appraisal Corporation: R and S Co., Ltd. (hereinafter referred to as “adjudication appraisal”)

D. (1) As a result of the appraiser T’s appraisal, on October 18, 2017, the appraiser T submitted the result of the appraiser’s appraisal on the land owned by the Plaintiffs and obstacles (hereinafter “the result of the first court appraisal”) to this court, and on March 6, 2018, the appraiser re- submitted the result of the appraiser’s appraisal on the land owned by the Plaintiffs (hereinafter “the result of the first court appraisal”). Each of the appraisal values is as indicated in the “the result of the first court appraisal” in attached Table 1, “the changed result of the first court appraisal”, and “the changed result of the first court appraisal”; 2) As a result of the appraiser U’s appraisal, the appraiser U submitted the results of the appraisal on the land owned by the Plaintiffs on December 13, 2018.

(hereinafter “the result of the second court’s appraisal”). The appraised value shall be as specified in the attached Table “the result of the second court’s appraisal” column.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the appraiser T in this court, the result of each commission of appraisal to U, the purport of the whole pleadings

2. The assertion and judgment

A. The compensation for losses for the land and obstacles owned by the plaintiffs in the instant expropriation ruling and the instant objection ruling is unfair due to the lack of market price. The result of the first court appraisal conducted by the appraiser T and the revised result of the first court appraisal conducted by the appraiser is in assessing the land owned by the plaintiffs.