손실보상금
1. The Defendant’s KRW 59,749,360 among the Plaintiff and KRW 100,000,00 per annum from January 4, 2017 to December 26, 2016.
1. Details of ruling;
(a) project approval and publication - Railroad construction projects (B) - C Public Notice of the Ministry of Land, Infrastructure and Transport of September 22, 2015
(b) The date of adjudication of expropriation by the Central Land Expropriation Committee - The date of adjudication of expropriation on November 10, 2016: - The area subject to expropriation: 90 square meters prior to Chungcheongnam-si, E, 465 square meters prior to F, 665 square meters prior to F, 54 square meters prior to G, and 3/4 equity among H 779 square meters prior to H: The date of commencement of expropriation (hereinafter referred to as “each land of this case”): The date of commencement of expropriation: 285,569,590 won on January 3, 2017 - The State appraisal corporation and the Sam Chang Chang-il appraisal corporation.
C. The first court appraisal of the appraiser I of this Court on May 1, 2017 (hereinafter referred to as the "first court appraisal")
- Contents of appraisal: 292,392,170 won
D. The result of the request for supplementary appraisal made on July 3, 2017 to the appraiser I by this Court is referred to as "the primary supplementary appraisal made on July 3, 2017."
- Contents of appraisal: 288,443,700 won
E. This Court’s appraisal is referred to as “the second court appraisal” as a result of an entrustment to the appraiser J.
- Contents of appraisal: 345,318,950 won [the fact that there is no dispute over part of the grounds for recognition, Gap evidence Nos. 1, 2 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the result of each entrustment to the appraiser I of this court and the J respectively.
2. The plaintiff's summary of the plaintiff's assertion is the cause of the claim in this case, and the appraised value, which is the basis of the adjudication on expropriation in this case, cannot be deemed as just compensation because it is excessively low. Since the second court appraisal is reasonable in the court appraisal, the defendant asserts that the plaintiff is liable to pay the difference between the reasonable amount of compensation and the amount of compensation for the adjudication on expropriation, and damages for delay from the day
3. Determination
A. (1) In a lawsuit concerning the increase or decrease of land expropriation compensation, there is a mutual opinion when the appraisal by an appraisal agency, which forms the basis for the adjudication on expropriation, and the appraisal by a court appraiser, has no illegality in the assessment methods, and the remaining factors for price assessment, excluding individual factors and vision, are considered.