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(영문) 부산고등법원 2019.06.19 2018누21637

손실보상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Circumstances and basic facts of the ruling;

(a) Business approval and public notice - Business name B - First public notice: A public notice of the Ministry of Finance and Economy - Public notice of change on October 30, 2003: J of the Ministry of Knowledge Economy on January 22, 2007, K of July 31, 2009, K of the Ministry of Knowledge Economy on July 4, 2014, and the Ministry of Trade, Industry and Energy notice of July 4, 2014 - Defendant (the general project operator at the time of the first public notice was the Busan Metropolitan City and Gyeongnamdo, but the project operator finally changes the Defendant through the public notice of change);

B. The Central Land Tribunal’s ruling on expropriation on November 10, 2016 - Date of expropriation: January 3, 2017: - Before D, 2,390 square meters owned by the Plaintiff (hereinafter “instant land”): Compensation for losses: KRW 1,000,573,500 (unit price of KRW 418,650/ square meters)

(c) The Central Land Tribunal’s ruling on June 22, 2017 - Details of the ruling: Change of compensation for losses as follows - Compensation for losses: 1,009, 655,00 won (unit price of 422,450 won/㎡)

D. The result of the first instance court’s entrustment of appraisal is 1) the result of the commission of appraisal to appraiser E (hereinafter “the result of the first commission of appraisal”).

(1) On January 1, 2014, appraiser E of the first instance court selected the compensation for the instant land as a comparative standard for comparison of the actual utilization status of the instant land, specific use area, public law restrictions, surrounding environment, etc., and calculated the compensation for the instant land through comparison of regional factors, comparison of individual factors, and correction of other factors. On January 1, 2014, the compensation for losses calculated by applying each of the following provisions (i.e., the regional factors are 1.0705 square meters) to the officially announced value of the instant land, 1.785 square meters following the comparison and assessment of regional factors, comparison of individual factors, and correction of the point of time following the comparison and assessment of the instant land, the compensation for losses calculated by applying each of the following provisions (i.e., the regional factors are 1.00 square meters), 206,950,000 won (per 500,0500 square meters) to the boundary of each of the instant land, under the premise that the instant compensation for losses were 25 square meters.