beta
(영문) 부산고등법원 2019.04.03 2018누20818

손실보상금

Text

1. The first instance judgment, including the claims expanded and reduced in this Court, shall be amended as follows:

The defendant.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: O general industrial complex development project (hereinafter referred to as “instant project”): Public notice of Ulsan Metropolitan City on May 11, 2007 - P business operator: Ulsan Metropolitan City Mayor on May 11, 2007;

B. The ruling of expropriation by the local Land Tribunal of Ulsan Metropolitan City and Busan Metropolitan City on September 10, 2015 - The object of expropriation is as indicated in the annexed Table “land to be expropriated” owned by the Plaintiffs.

(hereinafter referred to as “each of the instant lands”) . - The date of expropriation: November 4, 2015 - An appraisal corporation: CB and the Korea Appraisal Board (hereinafter referred to as “the result of appraisal of expropriation”) (hereinafter referred to as “the result of appraisal of expropriation”)

C. The Central Land Tribunal’s ruling on May 26, 2016 - Contents of the ruling: The Plaintiffs changed the amount of compensation for losses for the adjudication on expropriation to the same amount as indicated in the separate sheet.

- An appraisal corporation:CC and CD Co., Ltd. (hereinafter “the result of the appraisal”)’s appraisal;

D. The appraisal result of the first instance appraiser AV Co., Ltd. (hereinafter “the appraisal result”): The appraisal content was calculated as indicated in the “the appraisal amount of the first instance trial” column in the attached Table.

E. The appraisal result of the party appraisal CE (hereinafter “the appraisal result”) - the appraisal content: The appraisal content was calculated as shown in the attached Table “the amount of compensation for each of the instant lands” as stated in the “amount of compensation for actual trial.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, Gap evidence Nos. 2 and 4-2 through 6,8, 10, 13, Eul evidence Nos. 1 and 2 (including each number), the result of the appraisal by the first instance appraiser AV Co., Ltd., the purport of the whole pleadings, as a result of the appraisal by the first instance appraiser CE,

2. The assertion and judgment

A. Summary of the allegations by the parties, the appraisal result of the plaintiffs' acceptance ruling and the appraisal result of the objection ruling were remarkably lower than the market price of each of the lands of this case, and the amount of compensation is less than the market price.

The result of the first instance trial appraisal is the project of this case.