손실보상금
The defendant's KRW 7,350,000 to the plaintiff and 5% per annum from July 27, 2018 to June 4, 2020.
Approval and public notice of the process of adjudication - Approval and public notice of the project: B housing redevelopment improvement project (hereinafter referred to as "project in this case"): Public notice of Suwon City (hereinafter referred to as "project in this case"): Project operator: Defendant Central Land Expropriation Committee's adjudication of expropriation on June 11, 2018 (hereinafter referred to as "adjudication of expropriation"): E located in Suwon-gu, Suwon-si (hereinafter referred to as "the building in this case"): The commencement date of expropriation: July 26, 2018 - Compensation for losses: 150,600,000 won by the Central Land Expropriation Committee on March 28, 2019 (hereinafter referred to as "adjudication of this case"): Compensation for losses: 15,150,000,000 won (hereinafter referred to as "adjudication of this case"): The appraisal result of the appraiser F of this court's appraisal on the appraiser F of this case (hereinafter referred to as "adjudication of expropriation"): The appraisal result of the appraiser in this case is without dispute between the court and the court's appraisal number 160,160,20,10,270,20
2. The purport of the Plaintiff’s assertion was that the compensation amount following the instant expropriation ruling and the instant adjudication did not reflect the adequate value of the instant building. As such, the Defendant is obligated to pay to the Plaintiff the same money as stated in the purport of the claim as the difference between the reasonable compensation amount and the compensation amount recognized in the adjudication, and as the sum of damages for delay.
3. Determination
(a) In the lawsuit on the increase or decrease of compensation for losses, unless both the result of appraisal that forms the basis for the ruling and the result of the court appraisal do not constitute any unlawful ground and there is no evidence to prove that there is any error in the contents of the appraisal, whether to trust any of the results of each appraisal belongs to the court's discretion
(see, e.g., Supreme Court Decisions 92Nu14779, Jun. 29, 1993; 2008Du22129, Mar. 26, 2009). Meanwhile, in a lawsuit seeking an increase in compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, it is more reasonable than the amount of compensation determined by the adjudication.