보상금 증액
1. The Defendant’s KRW 126,820,00 for the Plaintiff and KRW 5% per annum from April 14, 2017 to May 30, 2017.
1. Details of ruling;
(a) Business approval and public notice - Business name: General industrial complex development project (C business; hereinafter referred to as “instant project”): Defendant
(b) Adjudication on expropriation by the Gyeonggi-do Regional Land Tribunal on February 27, 2017 - Each item listed in the separate sheet of obstacles (hereinafter referred to as “instant item”): The starting date of expropriation: - Compensation for losses: Total amount of KRW 92,180,000 on April 13, 2017 - An appraisal corporation: An ordinary appraisal corporation and Sam Chang Chang (hereinafter referred to as “appraisal”) (hereinafter referred to as “adjudication”)
C. The Court’s entrustment of appraisal to appraiser F (hereinafter “court appraisal”) - Contents of appraisal: The fact that there is no dispute over the aggregate of compensation for the trees of this case 219,00,000 won (based on recognition), Gap evidence 1-1, 2, and Gap evidence 3-1, and 3-2; the result of the Court’s entrustment of appraisal to appraiser F; the purport of the entire pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion appraisal is unlawful by comprehensively evaluating the instant trees without presenting the specific grounds for calculating the appraisal value. As such, the Plaintiff’s claim for payment of reasonable compensation for losses based on the court’s appraisal.
B. 1) Determinations is based on the relevant provisions and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under the relevant laws (hereinafter “Land Compensation Act”).
Paragraph 1 of Article 75 is, in principle, ‘the relocation cost' for the goods to be buried below the relocation cost.
shall be compensated by the Corporation, and in exceptional cases where the removal of obstacles is difficult, the removal of obstacles makes it impossible to use them for the original purpose, or the cost of the removal of obstacles exceeds the price of the goods, the compensation shall be made at the price of the relevant goods.
In addition, Articles 33(1) and 36(1) of the Enforcement Rule of the same Act shall apply to buildings and structures.