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(영문) 수원지방법원 2015.02.05 2013구합513

손실보상금증액등

Text

1. The Defendant: (a) 26,544,150 won to Plaintiff A; (b) 136,546,510 won to Plaintiff B; (c) 12,956,250 won to Plaintiff C; and (d) 24.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: E Bogeumjari Housing Project (hereinafter referred to as the “instant project”): F-Project operator announced by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009; Defendant

(b) The Central Land Tribunal’s ruling of expropriation on November 16, 2012 - Each real estate subject to expropriation: Attached Form 2 (hereinafter “each of the instant land”) stating the details of compensation - The date of commencement of expropriation: - An appraisal corporation on December 17, 2012 - An appraisal corporation and a future new appraisal corporation (hereinafter “appraisal for expropriation”)

C. Determination by the Central Land Tribunal on April 19, 2013 - Compensation as indicated in attached Form 2: An appraisal corporation: - An appraisal corporation: An appraisal corporation and the Korea Land Tribunal (hereinafter referred to as “appraisals for adjudication,” combined with an appraiser for adjudication on expropriation,” and hereinafter referred to as “adjudication appraisal”) / The facts that there is no dispute over the results of each appraisal, Gap’s evidence 1 through 4, Eul’s evidence 1 and 2 (including serial numbers), and the purport of all pleadings, as a whole.

2. The plaintiffs' assertion and judgment

A. Plaintiff B’s assertion 1) With respect to the aggregate of 45.76 square meters and 143.95 square meters in Guri-si, Guri-si, G, and 1,015 square meters in total, 188.95 square meters in H, among the 1,015 square meters in Guri-si (which was divided and divided into 873 square meters), Plaintiff B’s assertion was made by obtaining permission to change the form and quality of land for new housing construction, and upon obtaining a construction permission on May 6, 191, Plaintiff B’s purchase of housing on Guri-si, Guri-si, and obtained approval for use on February 28, 1996. Accordingly, the actual use of 143.19 square meters in Guri-si, which was assessed as “unclaimed site” should be deemed as a site. 2) With respect to each of the instant land located in the Defendant’s claim that the Plaintiff’s appraisal of the market value is located, the remainder of the land located in Gu residential area (hereinafter “court”).