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(영문) 수원지방법원 2017.07.04 2016구합67845

손실보상금

Text

1. The defendant shall be 23,548,350 won to the plaintiff A, 268,950,800 won to the plaintiff B, and 63,317,500 won to the plaintiff C and each of the above amounts.

Reasons

1. Details of ruling;

(a) project approval and publication - Public housing project (D; hereinafter “instant project”) - E published by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010 - Project operator: Defendant

B. The Central Land Tribunal’s ruling on expropriation on November 19, 2015 (hereinafter “instant ruling on expropriation”): Land listed in the separate sheet owned by the Plaintiffs (hereinafter “each of the instant lands”) - Compensation for losses: The “adjudication on expropriation” listed in the separate sheet is as follows.

- Commencement date of expropriation: - An appraisal corporation: Samil appraisal corporation, Inc., and Sam Chang Chang appraisal corporation (hereinafter referred to as “appraisal of expropriation”)

C. The Central Land Tribunal’s ruling on an objection on August 25, 2016 (hereinafter “the instant ruling”) - Contents of the ruling: “The amount of the objection” listed in the attached Table is as stated in each relevant entry.

- An appraisal corporation: A corporation with the Interest Appraisal Board and the Korea Appraisal Board (hereinafter referred to as “Objection Appraisal Board”).

D. Results of the appraiser F’s appraisal (hereinafter “court appraisal”) - Contents of appraisal: The term “court appraisal” in the annexed list is as indicated respectively.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4 (including paper numbers), Eul's evidence 1 through 4, appraiser F's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. The amount of compensation for losses for each of the lands of this case for which the plaintiffs' assertion was made by the expropriation ruling of this case and the objection ruling was unfair because the amount of compensation for losses for each of the lands of this case was considerably less than the market price of each of the above lands. Thus, the defendant is liable to pay to the plaintiffs the difference between the expropriation ruling of this case and the damages

B. In a lawsuit on the increase or decrease of compensation for expropriation 1, where both the result of the adjudication and the result of the court’s appraisal are not unlawful and there is no evidence to prove that there is any particular error in the content of the evaluation, respectively.