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(영문) 창원지방법원 2018.01.30 2017구합51127

손실보상금

Text

1. The Defendant’s KRW 11,497,750 for the Plaintiff and KRW 5% per annum from October 19, 2016 to October 17, 2017 for the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: The defendant; C 3 Project operator announced by the Ministry of Land, Transport and Maritime Affairs on December 30, 2010;

B. Subject to expropriation by the Central Land Expropriation Committee on August 25, 2016: D, Jung-gu, Seoul (hereinafter “instant land”)

(2) The date of commencement of expropriation: The compensation for losses: 316,605,300 won: the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, and the Korea Land Appraisal Corporation.

C. The Central Land Expropriation Committee’s objection No. 1 on March 23, 2017: Compensation for losses: 320,329,350 won: 2: Diplomatic appraisal corporations, Inc. and Alban appraisal corporations (hereinafter collectively referred to as “appraisals”) in total; the result of the appraisal is referred to as “adjudications”;

D. 1) Compensation for losses as a result of the court’s entrustment of appraisal: 31,827,100 won: appraiser E (hereinafter above appraiser shall be referred to as “court appraiser,” and the result of appraisal shall be referred to as “court appraisal”) / In the absence of any dispute, Gap’s evidence 1 through 3, Eul’s evidence 1 through 5 (including the number of branch numbers; hereinafter the same shall apply) and the court’s entrustment of appraisal to appraiser E, the purport of the entire pleadings, as a result of this court’s entrustment of appraisal to appraiser E

2. The assertion and judgment

A. Since the Plaintiff’s assertion appraisal is erroneous in assessing the amount of compensation for the instant land, such as errors in the comparison of individual factors, etc., the amount of compensation for the instant land should be increased according to the court’s appraisal.

B. In a lawsuit concerning the increase or decrease of compensation for expropriation 1, in case where each appraisal and the appraisal by the court appraiser, which form the basis of the adjudication on expropriation, are not unlawful in the assessment methods, and there are different opinions in view of the remaining factors other than the comparison of goods and others, but there is a difference in the appraisal results due to a somewhat different relation between the comparison of goods and others, one of them shall be the content of the comparison of goods and others of the appraisal.