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(영문) 서울고등법원 2018.11.16 2017누83722

손실보상금

Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): Public housing project (B; hereinafter “instant project”);

2) Project operator: Defendant 3 Notice: C Public Notice of the Ministry of Land, Transport and Maritime Affairs on May 26, 2010

B. On November 19, 2015, the Central Land Tribunal’s ruling of expropriation 1: On January 2, 2016, 2016, subject to expropriation: Each land indicated in the column for “land subject to expropriation” in attached Table 1, attached hereto, owned by the Plaintiff located in the instant project area (hereinafter “each land of this case”; each land is specified on its lot number only) and compensation for losses: KRW 4,824,417,950 for each land of this case (specific details are as indicated in the column for “the result of the appraisal of expropriation” in attached Table 1).

4) Certified public appraisal corporation: Samil Certified public appraisal corporation, stock company, Sam Chang-si corporation, etc.

C. The Central Land Tribunal rendered compensation for losses on August 25, 2016: KRW 4,886,582,730 for each of the instant lands (specific details are as indicated in the column for “the result of appraisal of objection” in attached Table 1.

(2) An appraisal corporation shall dismiss an objection against each obstacle owned by the Plaintiff: A corporation with the same appraisal corporation and vice governor, the Korea Appraisal Board (hereinafter referred to as the “Objection Appraisal Board”) and the Korea Appraisal Board (hereinafter referred to as the “Objection Appraisal Board”), and the result of the appraisal as a result of the objection appraisal.

D. The result of the first instance court appraiser E (hereinafter “court appraiser”)’s appraisal and supplementary appraisal (hereinafter “the result of the appraisal”) (hereinafter “court appraisal result”), and the result of the supplementary appraisal (hereinafter “the result of the court appraisal”) of the court: The court appraisal conducted a premise that each of the lands of this case is used as a site (the only size of the F land is used as a site), and the detailed details are as shown in attached Table 1 “the result of the court appraisal”.

2) Results of the court appraisal and supplementation: F land 1,730,145,20 won (the entire F land was assessed on the premise that the whole land was used as a site) / [based on recognition] without any dispute, Gap evidence 1, 2, Eul evidence 1 through 4, and the court appraiser.