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(영문) 광주지방법원 2015.04.09 2014구합11069

수용보상금증액

Text

1. The Defendant’s KRW 6,126,750 as well as the Plaintiff’s annual rate of KRW 5% from February 11, 2014 to April 9, 2015.

Reasons

Facts of recognition

Project approval and public notice - Project name - Project approval and public notice - Project approval and public notice - Project approval and public notice - Project operator: Bosung-gun Do Land Tribunal's adjudication on expropriation on June 27, 2013 - Date of expropriation: December 26, 2013: Bosung-gun D, 1,493 square meters, and 226/721 square meters of the Plaintiff's share in the area of 721 square meters in Bosung-gun, Bosung-gun-gun (hereinafter referred to as "each land in this case"): 477,108,250 won - Date of expropriation: Date of objection raised by the Central Land Tribunal on December 26, 2013 - The Plaintiff's adjudication on expropriation - The Plaintiff's land category of each land in this case should be compared with the appraisal and assessment standards, but the compensation complex should be compared with the appraisal and assessment standards.

- The content of the objection: The land for which the plaintiff claims expenses for clearing is irrelevant to each land of this case. The remaining land claimed by the plaintiff is currently incorporated into the project of this case and cannot be deemed as remaining land subject to compensation consultation. Even if each land of this case is being used as a parking lot, it cannot be deemed as being indivisible for the purpose of use. The amount of the adjudication on expropriation of each land of this case is reasonable

- An appraisal corporation: The fact that there is no dispute over the Sam Chang Chang-si appraisal corporation, the Pacific appraisal corporation (based on recognition), the entry in the evidence Nos. 1 and 2, and the purport of the Plaintiff’s assertion as to the purport of the entire pleadings, were calculated excessively lower the amount of compensation by mistakenly evaluating each of the instant land as follows. As such, the compensation for losses amounting to KRW 79,996,250 (i.e., 453,750 per square meter), 1,719 square meters (i.e., 226 square meters per 1,493 square meter per E) x 1,793 square meters per 226 square meter (i.e., 302,88,250 won per 47,88,250 won) should be increased.

Each of the instant lands should be evaluated as a parking lot, respectively.