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(영문) 수원지방법원 2017.07.18 2017구합60391

손실보상금

Text

1. The Defendant’s “Difference” listed in the separate sheet to the Plaintiffs refers to each of the following amounts and its corresponding amounts from February 12, 2016.

Reasons

1. Details of ruling;

(a) project approval and public notice - The project approval and public notice - The urban planning facility project (C road construction works; hereinafter referred to as the “instant project”) - the Defendant: D public notice of January 18, 2015, D, E, September 22, 2015, F, Nov. 17, 2015;

B. The ruling of expropriation by the local Land Tribunal of Gyeonggi-do on December 28, 2015 (hereinafter “instant expropriation ruling”): Each land listed in the separate sheet owned by the Plaintiffs (hereinafter “each land of this case”) - Compensation for losses: The “adjudication amount of expropriation” listed in the separate sheet is as follows.

- Commencement date of expropriation: An appraisal corporation on February 11, 2016 - An appraisal corporation: a national appraisal corporation, Samsung Appraisal Corporation (hereinafter “appraisal of expropriation”):

C. The Central Land Tribunal rendered an objection on December 22, 2016 (hereinafter “instant objection”) - Details of the adjudication: The “amount of the objection” in the attached Table is as stated in each corresponding entry.

- An appraisal corporation: the Pacific appraisal corporation and the appraisal corporation and the appraisal corporation tax type (hereinafter referred to as “appraisal of objection”).

D. Results of the appraiser G - Contents of the appraisal: The “court appraisal” as stated in the separate sheet is as stated respectively.

(hereinafter referred to as “court appraisal”). 【Ground of recognition’s absence of any dispute, Gap’s evidence Nos. 1 through 4 (including paper numbers), Eul’s evidence Nos. 1, 6, and 7, the appraiser G’s appraisal result, the purport of the whole pleadings.

2. The assertion and judgment

A. The amount of compensation for losses for each of the lands of this case, which is determined by the judgment of the plaintiffs' assertion, is unfair because it considerably falls short of the market price of each of the lands of this case. Thus, the defendant is liable to pay the plaintiffs the difference in the amount of compensation for losses as determined by the judgment of this case in the court appraisal

B. In a lawsuit on the increase or decrease of compensation for expropriation 1, both the result of the adjudication and the result of the court’s appraisal are not unlawful, and the contents of the evaluation are also not unlawful.