beta
(영문) 부산지방법원 2018.09.14 2018구합20024

손실보상금

Text

1. The Defendant’s KRW 51,162,100 as well as annual 5% from May 5, 2017 to September 14, 2018 to the Plaintiff.

Reasons

The details of the adjudication and the public announcement of the project approval - The B housing redevelopment project - The defendant - the public announcement: C public announcement of the Dong-gu Busan Metropolitan City on May 19, 2010; D public notification of the Dong-gu Busan Metropolitan City on July 19, 2013; and the ruling of expropriation as of February 20, 2017 by the Busan Metropolitan City Land Tribunal announced on September 3, 2014: May 4, 2017 - The expropriation commencement commencement date: FF scale 288 square meters, G large 21 square meters, and 60.38 square meters of land owned by the plaintiff; 28 square meters of neighboring residential facilities; 29.75 square meters of neighboring residential facilities; 40 square meters of residential facilities; 30 square meters of residential facilities and 29.75 square meters of residential facilities (hereinafter referred to as the "land of this case; 40.75 square meters of residential facilities of this case; 40.75 square facilities of this case);

The plaintiff's assertion and judgment are unfair because the expropriation ruling of this case and the compensation for losses set forth in the adjudication of this case on the land and obstacles of this case were considerably less than the market price. Thus, the defendant is liable to pay the plaintiff the difference between the reasonable compensation and the compensation for losses set forth in the adjudication of this case and damages for delay.

Judgment

In a lawsuit concerning the increase or decrease of compensation, in case where the appraisal by each appraisal agency and the appraisal by the court has no illegality in the appraisal methods, and the remaining appraisal factors except for the individual assessment factors are consistent with each other, but there is a difference in the appraisal results due to a somewhat different difference in the appraisal methods, one of them shall be the content of the individual assessment factors.