보상금증액 청구의 소
1. The Defendant’s KRW 60,182,150 for the Plaintiff and 5% per annum from June 15, 2016 to September 15, 2017.
1. Details of ruling;
(a) Business authorization and public notice - Business name: Public housing project (B): Defendant: C publicly notified by the Ministry of Land, Transport and Maritime Affairs on October 24, 2008, D, etc. on July 29, 2009 - Project operator:
B. The Central Land Tribunal’s ruling of expropriation on April 21, 2016 (hereinafter “instant adjudication of expropriation”) - The objects of expropriation are as shown in the list of obstacles and trees owned by the Plaintiff.
(hereinafter “instant obstacles, etc.”). - Compensation for losses: Total sum of KRW 102,527,150 - Commencement Date of expropriation: June 14, 2016 - The Korea Appraisal Board, etc. (hereinafter “Appraisal of Expropriation”) (hereinafter “Appraisal of Expropriation”)
C. The Central Land Tribunal rendered an objection on November 24, 2016 (hereinafter “instant objection”) - Compensation for losses: Total amount of KRW 107,082,550 - An appraisal corporation: the Japanese Appraisal Corporation, etc. (hereinafter “Objection Appraisal”) (hereinafter “Objection Appraisal”)
D. The result of each commission of appraisal to appraiser E and F for the preservation of evidence in this Court 2016A3197 (hereinafter “court appraisal”) - The obstacles in this case (as for obstacles, excluding appraiser F and trees, the remaining obstacles shall be respectively appraised by appraiser E): 167,264,700 won (as for obstacles, excluding appraiser F and trees), the total amount of compensation for losses: 167,264,700 won (i.e., 71,795,700 won (as for obstacles, 95,469,000 won): Total 71,795,700 won (as for the obstacles, etc. in this case, the total of 95,469,00 won (based on recognition)
2. The assertion and judgment
A. The plaintiff's assertion, acceptance, appraisal and objection appraisal are deemed unfair by evaluating excessively low compensation for the obstacles of this case. Thus, the defendant is liable to pay the difference between the plaintiff's reasonable compensation for losses and the plaintiff's reasonable compensation for losses.
B. The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under relevant statutes and legal principles does not exceed the Act.