손실보상금
1. The Defendant’s KRW 2,752,288,50 for the Plaintiff and 5% per annum from January 13, 2016 to June 8, 2017, and the following.
1. Circumstances and results of appraisal of the ruling;
(a) project approval and publication - Public housing project (B): The defendant; - The public housing project (B): C published by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010;
(b) The Central Land Tribunal’s ruling of expropriation on November 19, 2015 - subject to expropriation: Ddong-dong (hereinafter “Ddong”) (hereinafter “Ddong”) - Compensation for losses: KRW 1,294,234,500 (as the premise that the instant land falls under a private road, the compensation for losses shall be assessed within the limit of 1/3 of neighboring land prices on the premise that it falls under a de facto private road) - The date of the commencement of expropriation: the appraisal corporation on January 12, 2016 - the appraisal corporation and the dialogue appraisal corporation on dialogue;
C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated August 25, 2016 - Compensation for losses: KRW 1,376,14,250 (calculated as 1/3 on the premise that the instant land falls under de facto private roads) - An appraisal corporation: The Japanese Appraisal Corporation, the Pacific Appraisal Corporation, and the Pacific Appraisal Corporation (hereinafter “Adjudication Appraisal”) [based on recognition]] did not dispute, and written in Gap’s evidence 5, 6, and Eul’s evidence 8 (including number; hereinafter the same shall apply), and the purport of the entire pleadings as a whole.
2. The assertion and judgment
A. Although the Plaintiff’s assertion is not a private road, the adjudication appraiser assessed the compensation for losses at a price not exceeding 1/3 of the neighboring land price on the premise that the instant land is de facto private road, and thus, the instant objection ruling is unlawful.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 2,752,288,50, which is the difference between the reasonable compensation and the compensation for adjudication appraisal, as well as damages for delay.
(b) as shown in the attached Form of the relevant statutes;
C. (1) Determination 1) Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Rule of the Land Compensation Act”).
According to this, the actual site of private roads is about neighboring land.