손실보상금
1. The Defendant’s KRW 12,845,200 as well as the Plaintiff’s annual rate from December 25, 2018 to September 5, 2019.
1. Details of ruling;
(a) Project approval and announcement 1): Housing redevelopment and rearrangement project (B district; hereinafter referred to as “instant project”);
(2) Notice 2) Public Notice: The Defendant: C Public Notice of Daegu Metropolitan City on November 12, 2007, and Public Notice D Public Notice of the Southern Metropolitan City on November 8, 2016, and Public Notice E of Daegu Metropolitan City on March 3, 2018: < Amended by Act No. 15135, Mar. 3, 2018>
B. The subject matter of expropriation by the local land expropriation committee of Daegu Metropolitan City on June 25, 2018 (hereinafter “adjudication of expropriation”) is subject to expropriation: Fluor 192 square meters in Daegu-gu, Daegu-gu, 192 square meters in size, G large scale 7 square meters in size, H large scale 5 square meters in size, and obstacles, such as above-ground housing (hereinafter “instant land and obstacles”).
2) Compensation for losses: 581,646,100 won in total (land 369,240,000 won, 212,406,100 won in total, and obstacles 212,406,100 won in total;
C. On November 22, 2018, the Central Land Tribunal rendered a ruling of objection (hereinafter “the said ruling”) on November 22, 2018, determined that the compensation for losses for the instant land and obstacles as determined by the said ruling of expropriation is appropriate, and dismissed the Plaintiff’s objection.
As a result of the court's entrustment to appraiser I (hereinafter "court's appraisal"), the compensation for losses arising from the court's appraisal of the land and obstacles in this case were assessed as totaling 594,491,300 won (land 378,481,200 won, obstacles 216,010,100 won).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 7, Eul evidence Nos. 1, 2, and 3 (including each number), the result of the appraisal commission to appraiser I by this court, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) As the adjudication on expropriation of the instant land and obstacles is too low, the amount of compensation cannot be paid as justifiable compensation. Thus, the Defendant must pay additional compensation in addition to the compensation for losses recognized in the adjudication on expropriation. 2) As the Plaintiff accepted the instant land and obstacles due to the adjudication on expropriation, the Plaintiff should pay the Plaintiff additional compensation for losses. 71,571,180 won, and local income tax 7,001.