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(영문) 인천지방법원 2018.05.24 2017구합53600

손실보상금

Text

1. The defendant 45,11,400 won to the plaintiff A, 48,875,850 won to the plaintiff B, 139,169,000 won to the plaintiff C, and 10.

Reasons

1. Basic facts

(a) Business authorization and public announcement - Business title: E-Business redevelopment and rearrangement project (Secondary) - Public announcement of project implementation authorization: The Gyeyang-gu Incheon Metropolitan City public announcement on March 18, 2016 - The defendant:

B. Adjudication on expropriation by July 14, 2017 of the Incheon Metropolitan City Regional Land Tribunal - The object of expropriation and compensation for losses: The amount indicated in the column for “land subject to expropriation” listed in the attached Table “subject to expropriation” owned by the Plaintiffs - The starting date of expropriation: September 7, 2017.

Results of the court appraisal - The amount recorded in the “court appraisal amount” column in the attached Table 1 [based on recognition] 1 through 4, the result of the request for appraisal to G of this court, the purport of the whole pleadings.

2. The assertion and judgment

A. As the appraisal result, which forms the basis of the judgment on acceptance of the plaintiffs' assertion, is too low in the value of the objects of expropriation owned by the plaintiffs, the defendant is obligated to pay the difference between the reasonable amount of compensation and the amount of compensation to the plaintiffs.

B. 1) In a lawsuit regarding the increase or decrease of compensation for losses for the adoption of the appraisal result, in cases where the appraisal result, which forms the basis of the adjudication on expropriation, and the court appraisal result, do not constitute an unlawful ground and there is no evidence to prove that there was any particular error in the appraisal result, whether to trust any one of the appraisal results belongs to the court’s discretion (see, e.g., Supreme Court Decision 92Nu14779, Jun. 29, 193). As such, the appraisal result, which forms the basis of the adjudication on expropriation, and the court appraisal result, do not seem to have any error in the appraisal method, or in the appraisal contents, all are not deemed to have any error in the appraisal method, and thus, the court should adopt the court appraisal result, which appears to adequately reflect the individual factors, and other factors of the goods subject to expropriation

The plaintiffs are actually neighboring areas when the court's appraisal results correct other factors about the land to be expropriated.