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(영문) 수원지방법원 2016.10.26 2015구합64306

손실보상금

Text

1. The Defendant’s KRW 767,194,80 for the Plaintiff and KRW 5% per annum from January 13, 2016 to October 26, 2016.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public notice - Project name: Public housing project (B) - Public housing project: The defendant; < Amended by Presidential Decree No. 22142, May 26, 2010>

B. The Central Land Expropriation Committee’s ruling on expropriation as of November 19, 2015 - Subject to expropriation: D forest land 793 square meters in Seongbuk-gu, Sungnam-si, the Plaintiff owned, E forest land 92 square meters in size, F forest land 870 square meters in size in G forest land, and 86 square meters in size in G forest land (hereinafter “each of the of the of the of the instant lands,” and the land number shall be specified only in the case of land title) - The starting date of expropriation: January 12, 2016 - Total compensation amounting to KRW 910,031,50 in - An appraisal corporation: An appraisal corporation (hereinafter “appraisal”) and a Frad Public appraisal corporation (hereinafter “adjudication”) - The appraisal result was based on the premise that the current status of use of each of the instant land at the time of expropriation is “forest land” as at the time of expropriation.

C. The court’s appraisal results and the commission results of complementary appraisal with respect to the appraiser H (hereinafter “court appraiser”) - The court appraiser assessed the appraisal results on the premise that the present use status at the time of expropriation of each land of this case is “former” unlike the land category entered in the public record. ① The appraised amount in the event that the land E, F, and G is assessed as a single complex among each land of this case was calculated as KRW 1,737,078,30 (the result of appraisal) and ② the appraised amount in the case of individual appraisal of each land of this case was calculated as KRW 1,677,26,300.

(Fee) . . [Attachment of Request for Supplementary Appraisal] The fact that there is no dispute, entry of Gap evidence 1-1, 3, 5, 7, and Gap evidence 8-1 and 2-2, the result of this court's entrustment to appraiser H and the result of the supplemental appraisal entrustment, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Each of the instant lands ought to be evaluated as “previous” in accordance with the real situation at the time of the adjudication of expropriation. 2) Of each of the instant lands, E, F, and G land is indivisible for the purpose of use as landscape trees planting land.