beta
(영문) 수원지방법원 2016.07.20 2014구합54876

손실보상금

Text

1. The Defendant’s KRW 116,698,195 as well as 5% per annum from June 11, 2014 to July 20, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Authorization and public notice of project approval - Private Investment Project (Article 2010-202, subparagraph 4 of the same public notice on April 13, 2010, No. 2010-119 of the same public notice on March 19, 2010, - Project implementer No. 2013-119 of the same notice on March 4, 2013;

B. The Central Land Tribunal’s ruling of expropriation on April 17, 2014 (hereinafter “instant adjudication of expropriation”) - Persons eligible for expropriation, and compensation for expropriation: Attached Form owned by the Plaintiff

1. 60,523,400 won for expropriation compensation for the obstacles in the list of obstacles (hereinafter “in this case obstacles,” and the number from Nos. 7 through 184 among them to “the trees of this case”) - The date of commencement of expropriation: June 10, 2014 - An appraisal corporation: B certified public appraisal corporation: one appraisal corporation; one appraisal corporation (hereinafter “appraisal”); and one appraisal corporation (hereinafter “adjudication appraiser”); hereinafter “adjudication”) [the basis of recognition”); the fact that there is no dispute over the outcome of appraisal; Gap’s evidence 1, 2, and Eul’s evidence 3; and the purport of the whole pleadings as a whole.

2. The assertion and judgment

A. The Plaintiff’s assertion and appraisal are unlawful, without entirely stating the grounds for calculating the appraised value of the obstacles of this case, without assessing the trees of this case by each item.

The defendant is obligated to pay to the plaintiff 182,956,776 won, which is the difference between 243,480,176 won and 60,523,400 won as stated in the ruling of acceptance of the case, and damages for delay.

B. Attached Form of relevant statutes

3. The entry into the relevant Acts and subordinate statutes;

C. In fact, the status of the trees of this case in the status of the trees of this case 1, the number of the trees of this case, the diameter of the root, the vertical width, and the type of water

1. The same shall apply from Nos. 7 to 184 in the list of obstacles;

2) - One appraisal corporation: 55,400,000 won (hereinafter “instant title”) for appraisal by an appraisal appraiser: 56,000,000 won (hereinafter “instant title”): 56,000,000 won.