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(영문) 서울고등법원 2016.12.27 2016누55812

보상금증액

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Details of ruling;

(a) Business name and public announcement - Business name: C District Housing Redevelopment and rearrangement project (hereinafter referred to as “instant project,” and the area related to the said project is referred to as “instant project zone”): Defendant - Public announcement of project implementation authorization on July 26, 2012: Public announcement of Eunpyeong-gu and Eunpyeong-gu on July 18, 2013

B. Decision on expropriation made on November 28, 2014 by the Seoul Regional Land Tribunal on the date of expropriation - On January 16, 2015: Fluor 640 square meters (hereinafter “instant land”) owned by the Plaintiff and obstacles indicated in attached Table 1 on the ground (hereinafter “instant obstacles”, and combined with the above land and obstacles, “the instant land and obstacles”) - Compensation: The unit price of KRW 4,070,400 (unit price of KRW 6,360,000) for the instant land; and the instant obstacles 718,923,390 won for the instant obstacles.

C. Determination by the Central Land Tribunal on May 21, 2015 - Compensation: 4,101,440,000 won for the instant land (unit price of KRW 6,408,500,000 for the instant obstacles) and KRW 784,475,220 for the instant obstacles - An appraisal corporation: A new appraisal corporation in the future of a stock company, a central appraisal corporation of a stock company (hereinafter referred to as “adjudication appraiser”) (hereinafter referred to as “adjudication appraisal result”) [based on recognition] without dispute; Party A’s evidence 1, 2, and Party B’s evidence 2 (including each serial number); and the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. The amount of compensation for losses on the instant land and obstacles according to the result of the Plaintiff’s appraisal on the assertion and appraisal should be increased because it was underassessment for the following reasons.

(1) As to the instant land, ① the adjudication appraiser and the first instance trial appraiser G (hereinafter “court appraiser”) are the results of the commission of appraisal by November 5, 2015, and the result of the commission of appraisal by the court as of March 15, 2016 is the same as “the result of the first appraisal by the court,” and the result of the commission of appraisal supplementation by the court as of March 15, 2016 is the result of the commission of appraisal supplementation by the court.”