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(영문) 수원지방법원 2017.04.27 2016구합67876

보상금증액

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) project approval and publication - Public housing project (B) - Public housing project: The defendant; < Amended by Presidential Decree No. 22140, May 26, 2010>

B. The Central Land Tribunal’s ruling of expropriation on November 19, 2015 (hereinafter “the instant ruling of expropriation”) - The object of expropriation: D major 9 square meters in Seongdong-gu, Sungnam-si, and E major 9 square meters in size (hereinafter “each land of this case”): Compensation for losses - Totaling KRW 479,358,000 for each land of this case - The appraisal corporation and the dialogue appraisal corporation: D major appraisal corporation and dialogue.

C. The Central Land Tribunal’s ruling on an objection (hereinafter “instant ruling”) on August 25, 2016 - The content of the ruling: An appraisal and assessment conducted to assess the amount of compensation less than the amount of compensation for expropriation as a result of the appraisal and dismiss the Plaintiff’s objection - An appraisal and assessment corporation: the Japanese Appraisal and the Pacific Appraisal Corporation.

D. Results of the commission of appraisal to the appraiser F of the court (hereinafter referred to as “court appraisal”) - Compensation amount for each land of this case - Contents of appraisal: Total amount of KRW 475,398,000 (based on recognition) of each land of this case; the fact that there is no dispute; Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 1 through 4; the results of the commission of appraisal to the appraiser F; the purport of the entire pleadings;

2. The assertion and judgment

A. The Plaintiff’s compensation for losses for each of the instant lands should be calculated based on the court’s appraisal.

However, although the court appraisal should calculate at least 0.816 individual factors compared to each of the lands of this case, it is found that there was an error in calculating the amount of compensation for each of the lands of this case as 1.45 even though it calculated the amount of compensation for each of the lands of this case as 1.45 although the court appraisal should calculate the amount of compensation for each of the lands of this case at least 0.816, the reasonable amount of compensation for each of the lands of this case should be 0.816 compared each of the lands of this case from the court appraisal.