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(영문) 창원지방법원 2017.04.04 2015구합22682

손실보상금

Text

1. The Defendant: (a) KRW 9,654,70 for Plaintiff A; (b) KRW 2,201,550 for Plaintiff B; and (c) for each of them, from June 18, 2015 to February 1, 2017.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: A public announcement of an urban planning facility project C development project (2) on May 15, 2014; D public announcement of Ski-gun on March 19, 2015; the Defendant;

B. Persons subject to expropriation by the local Land Tribunal of Gyeongnam-do on April 28, 2015: Land and obstacles listed in the separate list owned by the Plaintiffs (hereinafter “each land and obstacles of this case”).

2) Compensation for losses: A total of KRW 540,137,800, Plaintiff B’s total of KRW 206,731,000, and Plaintiff B’s total of KRW 406,731,000, June 17, 2015: Fixed-Evaluation Corporation and Uniform Certified Public Appraisal Corporation;

C. The Central Land Tribunal rendered compensation for losses on August 20, 2015: Plaintiff A’s total of KRW 588,696,00, Plaintiff B’s total of KRW 226,77,750, and KRW 226,750: An appraisal corporation, one of the appraisal corporations and Sam Chang Chang Chang (hereinafter the above appraisers collectively referred to as “adjudication appraiser”), and the amount of compensation calculated by taking an arithmetic mean of the results of the appraisal (hereinafter “adjudication appraisal”).

D. 1) Compensation for losses as a result of the court’s commission of appraisal: As a result of the court’s commission of appraisal, Plaintiff A’s total of KRW 598,350,700, Plaintiff B’s total of KRW 228,979,300: F (hereinafter referred to as “court appraisal”)’s appraisal (which is the ground for recognition”)

2. The assertion and judgment

A. Since the plaintiffs' assertion appraisal is erroneous in assessing the compensation amount for each land and obstacles of this case by selecting a compensation example with low comparability possibility in calculating other factors correction values, the compensation amount for each land and obstacles of this case should be increased according to the court's appraisal.

B. In a lawsuit concerning the increase or decrease of compensation for expropriation 1, each appraisal that forms the basis for the ruling and each appraisal by the court appraiser shall be based on the assessment methods.