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(영문) 수원지방법원 2015.06.18 2013구합13281

손실보상금

Text

1. The Defendant’s KRW 169,064,200 for the Plaintiff and KRW 5% per annum from December 13, 2012 to June 18, 2015.

Reasons

1. Details of ruling;

(a) project approval and public notice - Bogeumjari Housing District Development Project (B; hereinafter “instant Project”) - C public notice by the Ministry of Land, Transport and Maritime Affairs (No. 3, 2009), D public notice by the Ministry of Land, Transport and Maritime Affairs (No. 27, 2010): Defendant

B. The Central Land Tribunal’s ruling of expropriation on October 19, 2012 (hereinafter “instant adjudication of expropriation”): Real estate stated in the details of real estate compensation in attached Form 1 and the items impeding the details of compensation for obstacles attached Form 2 (hereinafter “instant land”) - Compensation for losses: The amount of adjudication of expropriation in attached Forms 1 and 2 are as shown in the column for amount of compensation in attached Forms 1 and 2.

- Starting date of expropriation: - An appraisal corporation: Sam Chang-si and an appraisal corporation, and an appraisal corporation as a substitute appraiser on December 12, 2012

C. The Central Land Tribunal made an objection on July 18, 2013 (hereinafter “instant objection”) - Contents of the adjudication: The same shall apply to the statement in the column for the amount of objection in attached Forms 1 and 2.

- An appraisal corporation: the fact that there is no dispute over the results of the appraisal by the Japanese Appraisal Corporation and the Korean Appraisal Corporation (hereinafter collectively referred to as the "appraisal of adjudication," and the result of the appraisal by the Korean Appraisal Corporation (hereinafter referred to as the "appraisal of adjudication"), Gap evidence 1 through 3, Eul evidence 1 and 2 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The amount of compensation for losses arising from the adjudication on expropriation of the instant land and the adjudication on the said adjudication was excessively underestimated due to the failure to properly reflect individual factors (a.e., access conditions) and other factors, and thus, the amount of compensation for the Plaintiff should be increased according to the result of a request by the appraiser E of this court for the appraisal of the market price. 2) Of the instant obstacles, compensation for ginseng and sea forest facilities was omitted.

3) Since the amount of compensation for loss in the adjudication on the instant obstacles has been excessively underassessment, the compensation for the Plaintiff should be increased. B. It is as shown in the Attachment No. 3 of the relevant statutes. C. 1)