beta
(영문) 수원지방법원 2018.06.07 2017구합65402

보상금증액 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Public housing project: - A project operator: Defendant - A public housing project approval: Public notice of the Ministry of Land, Transport and Maritime Affairs on October 5, 201;

B. The Central Land Tribunal’s adjudication on expropriation on September 29, 2016 - subject to expropriation: ① 258 square meters prior to Dongcheon-si, ② 258 square meters prior to E, ③ 419 square meters prior to the above F, ④ 1/2 equity of each of the above G 419 square meters prior to the above G (hereinafter referred to as “each of the instant lands”) (hereinafter referred to as “each of the instant lands”) - Compensation for losses: ① land 102,780,750 won, ② land 16,713,150 won, ③ land 166,919,120 won, ④ land 28,083,450 won, ④ Land 28,450 won: H and I Co., Ltd. on November 22, 2016;

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated April 27, 2017 - Compensation for losses: ① Land 109,56,150 won; ② Land 167,016,300 won; ③ Land 177,938,820 won; ④ Land 285,506,600 won - Land 285,506,600 won: AppraisalJ Co., Ltd.; 【No dispute over the ground for recognition】 【No dispute over the land appraisal corporation; 【No evidence Nos. 1 through 4 (including additional numbers); and the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. The amount of compensation acknowledged in the plaintiff's assertion, the adjudication on acceptance of each of the lands of this case and the adjudication on objection is excessively under the market price, which is the acquisition price of each of the lands of this case, and the defendant is obligated to pay the plaintiff KRW 50,000,000

B. In a lawsuit seeking increase in compensation for loss, the burden of proving that the amount of reasonable compensation exceeds the amount of compensation stipulated in the adjudication of expropriation and the adjudication of objection is greater than that of compensation for loss to the Plaintiff.

(1) The Plaintiff’s assertion is without merit, since there is no evidence to acknowledge that the amount of reasonable compensation for each of the instant lands exceeds the amount of compensation for losses as stipulated in the instant judgment.

3. Conclusion, the plaintiff's claim is without merit.