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(영문) 창원지방법원 2015.10.06 2014구합1312

손실보상금증액 청구

Text

1. The Defendant’s KRW 6,328,350 as well as the Plaintiff’s annual rate of KRW 5% from June 11, 2014 to October 6, 2015.

Reasons

1. Basic facts

(a) Project name: 1) Public announcement of a housing site development project (B district housing site development project (stage 1) 2: The head of Si/Gun; 3 project operator who is public announcement of Gyeongnam-do on October 24, 2013;

B. In the adjudication of expropriation by the Central Land Tribunal on April 17, 2014, the part concerning this case among the adjudication of expropriation by the Central Land Tribunal on April 17, 2014 is subject to expropriation: Dial-Gun, Gyeong-gun, Gyeongnam-do, and 1,165 square meters in E field, 1,418 square meters (hereinafter “each

(2) The date of commencement of expropriation: Compensation for losses: 187,396,650 won: The Korea Appraisal Corporation and the Korea Appraisal Corporation (hereinafter referred to as the “Appraisal”) shall mean the arithmetic mean of the appraisal results of the said appraiser.

C. As a result of the court’s entrustment of appraisal, compensation for losses for each of the instant lands: 193,725,000 won: The appraisal corporation: the field appraiser’s office (hereinafter “court’s appraisal”) (hereinafter “the appraisal result”).

D. On the other hand, the defendant deposited compensation for losses.

The plaintiff deposited 187,396,650 won as compensation for losses due to the ruling of acceptance as stated in the paragraph.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3 (including branch numbers), the result of the commission of appraisal to the field appraiser office of this court, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s assertion appraisal is erroneous in assessing the amount of compensation for each of the instant lands, such as error in the selection of comparative standards or the comparison of individual factors, etc., the compensation for each of the instant lands 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 and each court appraiser’s appraisal, which form the basis of the judgment, are not illegal in the assessment methods, and there is no other reason for the assessment methods, and there is a difference in the appraisal results due to a somewhat different relation between the comparison of goods and the comparison of goods, although there is no other difference in the appraisal methods.