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(영문) 수원지방법원 2017.07.20 2016구합1029

손실보상금

Text

1. The Defendant’s KRW 49,283,00 as well as the Plaintiff’s annual rate of KRW 5% from June 10, 2016 to July 20, 2017.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project approval and public announcement - Project name: Suwon Urban Planning Facility Project (B) (hereinafter referred to as the “instant project”): Public announcement of project approval - Project approval C announced on June 17, 2014 - Project operator: Suwon City Market:

B. The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on March 28, 2016 (hereinafter “instant ruling of expropriation”) - Land indicated as follows 1 and other obstacles - The date of expropriation: May 12, 2016: An appraisal corporation: A certified public appraisal corporation, a land appraisal corporation, and a land appraisal corporation (hereinafter “the result of the appraisal of the instant appraisal appraisal of expropriation”) in the land subject to expropriation (hereinafter “Ddong-dong-dong”) 398,853,000 square meters in compensation for losses (hereinafter “Ddong-dong”) 398,853,000 square meters in compensation for losses (hereinafter “1 land”) - F 77 square meters in total (hereinafter “2 land”) 250,096,000 G280 square meters in total (hereinafter “30,000,000 won”) and 280 square meters in total (hereinafter “land”) in the instant case, 300,000 won in compensation for damages.

(c) The appraisal date of this Court’s appraiser H on August 17, 2016 (hereinafter referred to as “court’s first appraisal result”): Value appraisal date: May 12, 2016, which is the date of expropriation commencement: Total of KRW 1,637,752,00.

(d) Value evaluation date of this Court’s request for a supplementary appraisal for the above appraiser on June 28, 2017 (hereinafter “the result of the second appraisal by the court”): Value evaluation date on March 28, 2016, which is the date of the adjudication of expropriation: Total amount of KRW 1,63,012,00 [based on recognition]; there is no dispute; Gap evidence 1; entry of Eul evidence 1; Eul evidence 1 through 4; the court’s first, second appraisal result; the purport of the entire pleadings;

2. The parties' assertion

A. The summary of the defendant's assertion is justified in the amount of compensation for losses arising from the adjudication on acceptance of the case.

B. The appraisal based on which the decision on the expropriation of the instant land was based on the summary of the Plaintiff’s assertion is adjacent to the instant land owned by the Plaintiff, J land, K land, and L below the said four parcels.