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(영문) 대구지방법원 2019.04.17 2018구합23079

손실보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Name of the project and that of the public announcement of the project approval: Public housing project (B public housing project: Defendant; D project operator announced by the Ministry of Land, Transport and Maritime Affairs on April 16, 2009; and the Ministry of Land, Transport and Maritime Affairs on July 29, 2009:

(b) Land subject to expropriation by the Central Land Tribunal on December 7, 2017: The date of commencement of expropriation of KRW 478,351,600 for the land subject to expropriation by the Central Land Tribunal on December 7, 2017: F Co., Ltd. and G

(c) Compensation for an objection to the adjudication by the Central Land Expropriation Committee on July 19, 2018: H and I Co., Ltd.

D. According to the court’s entrustment of appraisal to the appraiser J (hereinafter “the result of the court’s appraisal”), the adequate value of the land to be expropriated was assessed as KRW 487,040,800 as of December 7, 2017, which was the date of the adjudication of expropriation.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 3, Eul evidence 1, 2, 5, and 6 (including paper numbers), the court's appraisal result, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since the judgment on the Plaintiff’s objection to the land subject to expropriation was excessively low and unfair, the Defendant should pay the Plaintiff additional compensation for losses in addition to the compensation for losses recognized in the judgment on objection.

B. As seen earlier, it is difficult to find that the compensation for losses arising from the court’s appraisal did not reach the compensation for losses recognized by the court’s ruling, and otherwise there is no evidence to find that the legitimate compensation for the land subject to expropriation exceeded the compensation for losses due to the ruling on objection.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.