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(영문) 수원지방법원 2017.11.15 2017구합61639

손실보상금

Text

1. The Defendant’s KRW 1,398,200 as well as 5% per annum from July 15, 2016 to November 15, 2017 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Guang-si Urban Development Project (Seoul District Urban Development Project (1j) - Project implementer: Defendant - Public notice on April 12, 2013, Gyeonggi-do public notice on September 11, 2014; Gyeonggi-do public notice E;

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on May 30, 2016 - The expropriation date of 195 square meters (hereinafter referred to as “instant land”): the sum of 88,03,000 square meters in total, 96,481,000 won in relation to the instant land, on the premise that the current status of 44 square meters (hereinafter referred to as “the instant road”) among the instant land is de facto private road, and on the premise that the current status of 8,448,000 square meters in total, and the remainder of 151 square meters in total (hereinafter referred to as “other portion than the instant road”) is “former.”

C. The Central Land Tribunal’s ruling on January 19, 2017 (hereinafter “instant ruling”): Compensation for losses on the part of the instant road: 8,890,200 won on the premise that the present state of the instant road is a de facto private road, and on the part other than the instant road, KRW 101,407,90 in total, 92,517,700 in the premise that the present state is “former” (hereinafter “adjudication”) - An appraisal corporation: A certified public appraisal corporation in charge of a resolution to operate a land appraisal corporation, a LAD appraisal corporation (hereinafter “a ruling”).

D. The result of the court’s entrustment to appraiser G (hereinafter “court appraisal”) - With respect to the part on the road of this case, KRW 9,020,00 on the premise that the present condition is a de facto private road, and KRW 93,786,100 on the part other than the road of this case, in total, KRW 102,80 on the premise that the present condition is “former”

2. The assertion and judgment

A. Although the Plaintiff’s assertion does not constitute a private road, the adjudication appraisal and court appraisal on the part of the instant road are de facto private roads, and they unfairly underassessment the compensation for losses on the premise that the present condition of the instant part is “road”. As such, the compensation for losses was assessed on the instant part other than the instant road.