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(영문) 인천지방법원 2020.11.13 2018구합191

사용재결취소 등

Text

1. The Defendant’s KRW 2,534,400 as well as the annual rate of KRW 5% from October 4, 2017 to October 21, 2020 to the Plaintiff.

Reasons

1. Basic facts

(a) A road zone: B expressway - Determination and public notice of the Ministry of Land, Infrastructure and Transport on May 31, 2016 - C - Project operator: D Co., Ltd., Defendant (Compensation for Land), project implementation period: From March 23, 2012 to March 22, 2017;

(b) The Central Land Tribunal’s ruling on the use on August 10, 2017 - The date of commencement of use: October 3, 2017 - From the date of commencement of use to the date of continuation of facilities: 129,703,680 won, 129,703,680 won, from the date of commencement of use on a distance between 13.02m to 34.7m from the average sea level below the vertical scope, among the horizontal size of 1313.1m2m2 in Jung-gu, Incheon, Jung-gu, Incheon, 1313.1m2 in size:

(c) The Central Land Tribunal’s ruling on December 21, 2017 - Compensation for losses on the portion used in the instant case: the fact that there is no dispute over KRW 139,269,60 (applicable to recognition), each entry in Gap evidence 1 and 2 (including the serial number), and the purport of the entire pleadings;

2. In the appraisal process for the Plaintiff’s decision on the use of this case’s assertion and the assessment process for the calculation of compensation in the said decision, the assessment of compensation is unlawful because it was not duly conducted due to an error in land price fluctuation rate, time revision value, and gap rate of individual factors. As such, the Defendant is obliged to pay the Plaintiff the difference between the compensation for the use of this case’s objection and the compensation for delay.

3. Determination

A. According to the court’s entrustment of appraisal to appraiser F, the above appraiser is recognized as having calculated reasonable compensation by taking into account the appraisal example at the time of the base point of time, transaction cases and relevant data, and the search of neighboring real estate at the time of the base point of time, by multiplying the reasonable price of the land by the three-dimensional utilization damage rate and the area where divided superficies was established. Thus, the above appraisal value is deemed

B. The reasonable compensation for the use of this case as a result of the above appraisal commission and the compensation and its difference in the process of this appraisal are as follows.