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(영문) 수원지방법원 2018.08.07 2017구합64492

손실보상금

Text

1. The Defendant’s KRW 29,934,00 for the Plaintiff and KRW 5% per annum from November 19, 2016 to May 30, 2018.

Reasons

1. Details of ruling;

A. Project approval and public notification 1) Project name: B (2) Project name (hereinafter “instant project”);

2) Public notice of authorization for project implementation: C public notice of Seongbuk-si (O. 6, 2014) and D public notice of Sungnam-si (O. 7, 2015): Defendant

B. Land subject to expropriation by the Gyeonggi-do Regional Land Tribunal as of October 4, 2016: The land indicated in the attached Table 1 list (excluding the area of 935 square meters before Seongdong-gu, Sungnam-gu; hereinafter referred to as “each of the instant land”).

(2) The date of commencement of expropriation: Compensation for losses on November 18, 2016: 4 as shown in Attached Form 1: Dam Chang Co., Ltd. and one appraisal corporation;

(c) Compensation for losses by the Central Land Tribunal on March 23, 2017: Each entry in Samsung Appraisal Corporation, Central Appraisal Corporation, and Central Appraisal Corporation (based on recognition), entry in Gap's 1 through 3 (including additional numbers), and the purport of the whole pleadings;

2. Determination as to the claim for increase in compensation

A. The Plaintiff’s assertion of objection was assessed as compensation by failing to properly reflect the transaction examples and compensation precedents of similar land in the vicinity, and thus, at a significantly lower price than the market price.

Therefore, the defendant is obligated to pay the difference between the reasonable amount of compensation and the appraisal price for objection to the plaintiff.

B. The facts of recognition 1) Each of the instant lands is located in the south-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, the area surrounding the FF Industrial Complex is formed as farmland and forest land, public transportation conditions are inconvenient, land which was previously used as a complete slope, and is designated as a development-restricted area, natural green area under the National Land Planning and Utilization Act and the Enforcement Decree thereof. (2) The adjudication appraiser and the court appraiser are all located in the vicinity of each of the instant lands, and the specific use area is identical, and the actual use of the land is identical, and the surrounding environment is equal or similar to that of the surrounding environment.