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(영문) 서울고등법원 2019.09.05 2018누55281

보상금증액 청구의 소

Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. Details, etc. of ruling;

(a) Business name - A public housing project name: - A public housing project operator: Defendant - A public housing project approval: Public housing project approval on October 5, 201; C publicly notified by the Ministry of Land, Transport and Maritime Affairs on

(b) The adjudication of expropriation made by the Central Land Tribunal on September 29, 2016 - subject to expropriation: ① 258 square meters prior to Dacheon-si, ② 258 square meters prior to E, ③ 419 square meters prior to F, ④ 1/2 equity out of 419 square meters prior to G, respectively (hereinafter collectively referred to as “each of the instant lands”) - The starting date of expropriation: November 22, 2016 - The amount of compensation for losses: ① the amount of compensation for losses on November 22, 2016 - (102,780,750 won for land; ② the amount of compensation for losses on land ② the amount of 166,919,120 won for land ③ the amount of land ③ the amount of 166,919,120 won for land ④ the amount of land28,083,450 won for land: H& and I stock

(c) Adjudication by the Central Land Tribunal on April 27, 2017 - Compensation for losses: ① Land 109,56,150 won; ② Land 167,016,300 won; ③ Land 177,938,820 won; ④ Land 285,506,600 won (total amount of KRW 740,027,870): Land Appraisal Corporation, J. K.

(d) Court appraisal - Results entrusted with the appraisal of each of the instant lands to the appraiser L of this Court (hereinafter “court appraisal”): ① land 111,327,00 won; ② land 170,280,00 won; ③ land 180,798,500 won; ④ land 285,548,500 won (total 747,954,000 won) divided by land category size (united to 747,954,00 won) (united to 2581,298,327,002; ② Land 258,40,000 won (united to 257,329,320,170; 320,000, 170,80, 200, 300, 300, 380, 180, 250, 209, 250, 29636, 407, 1608

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1 was traded as a whole, and the use of each of the instant land is not only identical to its use and owner, but also indivisible since it is connected with each other, each of the instant land should be assessed as a group of land.