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(영문) 부산고등법원 2015.04.03 2014누20780

손실보상금

Text

1. Of the judgment of the court of first instance, the part against Plaintiff J, K, M, N, R, and X, the part against the Defendant against the Plaintiff, and the Defendant.

Reasons

1. Details of ruling;

(a) Business and its operator, announcement - Type of project: Road Project (B) - Project operator: Defendant - Public announcement of a project implementation plan: Busan Metropolitan City public notification on October 19, 201;

B. Of the adjudication of acceptance by the Central Land Tribunal on December 14, 2012 (hereinafter “instant adjudication of acceptance”), the part related to the plaintiffs’ claim of this case - Object of expropriation: Attached Form 2 of “Detailed Statement of Compensation” is as indicated.

(hereinafter referred to as "each land and obstacles of this case" shall be combined, and the parcel number shall be specified for each individual land) - Compensation for expropriation: Attached Form 2.

- An appraisal corporation on February 6, 2013 - An appraisal corporation: An appraisal corporation in Sam Chang and an appraisal corporation in Scenic and Scenic appraisal corporation (hereinafter collectively referred to as “appraisal for expropriation”) shall be deemed to be an “appraisal for expropriation,” and the results of the appraisal shall be “appraisal for expropriation.”

C. Of the ruling by the Central Land Tribunal on September 26, 2013 on the objection (hereinafter “the instant ruling”), the part related to the Plaintiffs’ claim - Compensation for expropriation: Attached Form 2, “Detailed Statement of Compensation” is as indicated.

- An appraisal corporation: The Korea Appraisal Board and the Telecommunications Appraisal Corporation (hereinafter collectively referred to as the "Appraisal of Objection"; the result of the appraisal is referred to as the "Appraisal of Objection") 【No dispute exists in the grounds of recognition; Gap 1, 2, and 7 (including the number of each class; hereinafter the same shall apply); Eul 1 to 4; and the purport of the whole pleadings;

2. The assertion and judgment

A. Since the appraisal by the plaintiffs' assertion of this case and the appraisal by the ruling of acceptance and objection are unlawful in not reflecting the market price in calculating compensation for each land and obstacles of this case, the compensation against the plaintiffs should be increased as stated in the purport of the claim.

(b)an appraiser for acceptance ruling for one acceptance of the facts of recognition;