보상금증액 청구
1. The Defendant’s KRW 41,861,070 as well as the Plaintiff’s annual rate from April 3, 2018 to September 6, 2018, and the following.
1. Details of ruling;
(a) Project approval and public notice - Housing redevelopment project (B) - Public notice: C public notice in Sungnam City on December 4, 2009 - Project implementer: Defendant;
B. The Central Land Tribunal’s ruling of expropriation on February 8, 2018 (hereinafter “the instant ruling of expropriation”) - Each land of 69.8 square meters and 66.4 square meters in Seongbuk-gu, Sungnam-si (hereinafter “instant land”) and the ground surface thereof, and the housing of 1st floor above ground and parking lot air conditioners, etc. (hereinafter “instant obstacles”): Compensation for losses: Totaling KRW 839,557,230 (=totaling KRW 430,257,670, KRW 409, KRW 409,560) as to the instant land; totaling KRW 207,341,80 as to the instant obstacles - Date of expropriation: Date of expropriation: March 28, 2018: Date of appraisal (hereinafter “appraisal”) and date of appraisal (hereinafter “date of appraisal”).
C. Results of the appraiser F’s appraisal (hereinafter “the above appraiser”) - Contents of appraisal - Totaling 875,561,700 won for the instant land (i.e., totaling 448,709,300 won) and totaling 213,198,400 won for the instant obstacles (based on recognition), there is no dispute; Gap’s evidence Nos. 1, 2, and Eul’s evidence No. 2 (including each number), the result of the appraisal by the appraiser F; the result of the appraisal by the appraiser F; the purport of the entire pleadings;
2. The assertion and judgment
A. The Plaintiff’s assertion that compensation for losses for the land and obstacles of this case, which was determined by the expropriation ruling of this case, was significantly unfair.
Therefore, the Defendant is obligated to pay the Plaintiff the difference between the compensation for losses caused by the court appraisal and the compensation for losses caused by the instant expropriation ruling and the compensation for delay caused by such difference.
B. In a lawsuit as to an increase or decrease of the relevant legal principles 1, there is no illegality in both the appraisal and the court’s appraisal based on the adjudication.