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(영문) 울산지방법원 2016.10.06 2015구합909

손실보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public announcement - Construction and Access Road Construction: - Public announcement: The defendant on July 31, 2014 - The project operator of Ulsan Metropolitan City public announcement C- the project operator of Ulsan Metropolitan City:

B. The adjudication of expropriation made on April 29, 2015 by the Ulsan Metropolitan City Regional Land Expropriation Committee on the expropriation of April 29, 2015 - The area subject to expropriation is 628 square meters (hereinafter “the instant land”) and 370 square meters (hereinafter “the instant land”) and obstacles, which are owned by the Plaintiff, in Ulsan-gun-gun, Ulsan-gun, Ulsan-gun (hereinafter “the instant land”) and - The date of expropriation: June 23, 2015: the amount of compensation on June 23, 2015 - the amount of compensation of KRW 261,091,00,00, the amount of compensation of KRW 153,827,50 (the instant land is omitted; hereinafter the same shall apply).

C. Determination by the Central Land Tribunal on February 26, 2016 - Amount of compensation: The amount of KRW 264,074,00 for the land of this case, and KRW 155,585,00 for the land of this case / [based on recognition] Evidence 1-5, 6, Evidence 2-1, 6, Evidence 3-1, 3-1, 6, and 3-1, 3-1, 3-3, and the purport of the whole pleadings;

2. The assertion and judgment

A. As a result of an error in the process of an appraisal of the Plaintiff’s objection and an appraisal of actual market price of the surrounding land, taking into account the actual market price of the surrounding land into account, and an assessment of individual factors, the Defendant is obligated to pay the difference between the compensation reasonably calculated and the compensation for objection to the Plaintiff in accordance with the principle of complete compensation.

B. 1) In a lawsuit involving an increase or decrease of land expropriation compensation, the appraisal by each appraisal agency and the appraisal by a court appraiser, which form the basis for the adjudication on land expropriation, are not unlawful in the appraisal methods, and the remaining price assessment factors except for individual factors and vision, are consistent with each other, but the appraisal results are somewhat different in the appraisal (in a case where there is a difference in the appraisal of land to be expropriated, one of them is the appraisal results.