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(영문) 대구지방법원 2020.05.14 2019구합23168

손실보상금

Text

1. The Defendant’s KRW 17,140,750 for the Plaintiff and KRW 5% per annum from June 13, 2019 to May 14, 2020.

Reasons

1. Details, etc. of ruling;

(a) 1) Business name: Business name: Business name of an industrial complex creation project (B) 2): Business name public notice of project approval: C 3 project operator public notice of Pyeongtaek-do on November 9, 2017: Defendant;

B. Persons subject to expropriation by the local Land Tribunal of Gyeongcheon-do on April 24, 2019: Kimcheon-si, Kimcheon-si, E 1,379 square meters, E 1,750 square meters, F 526 square meters, G 361 square meters, and above-ground obstacles (hereinafter “each land and obstacles of this case”).

2) Compensation for losses: 1,285,357,250 won (i.e., land 585,762,250 won) 69,595,00 won (i.e., land 585,762,250)

C. Compensation for losses as a result of the court’s commission of appraiser H (hereinafter “court’s appraisal”): 1,302,498,000 won (i.e., land 594,984,00 won and 707,514,00 won) 【Ground for recognition’s absence of any dispute, Gap evidence 1, Eul evidence 11-1, and Eul evidence 11-2; the result of the court’s commission of appraiser H’s appraisal; the purport of the entire pleadings;

2. Judgment on the plaintiff's claim

A. Since the amount of compensation recognized in the adjudication procedure for each land and obstacles of the Plaintiff’s assertion is too low, and thus cannot be deemed legitimate compensation, the Defendant should additionally pay to the Plaintiff the difference between the reasonable compensation based on the court’s appraisal and the compensation for losses recognized in the adjudication procedure.

B. The results of the appraisal submitted by the appraiser upon the request of the court after the appraisal process based on professional knowledge and experience have significant errors in the process.

If the other party does not submit objective data that can detect its credibility, it shall not be readily rejected only by pointing out the possibility of minor errors that can be found in the course of appraisal, etc., and the result of appraisal by the appraiser shall be respected unless there exists a significant fault, such as the method of appraisal, etc. contrary to the empirical rule or unreasonable.

(See Supreme Court Decision 2006Da67602, 67619 Decided July 9, 2009, etc.). Meanwhile, in a lawsuit concerning an increase or decrease of compensation, the said lawsuit is instituted.