손실보상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) Business authorization and public notice - Business name: B housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Public notice of project implementation authorization: Bupyeong-gu Incheon Metropolitan City public notice of October 16, 2014 - Project implementer C: Defendant
B. Adjudication on expropriation made on October 25, 2016 by the Incheon Metropolitan City Regional Land Expropriation Committee - Shares of 3/4 (hereinafter “land subject to expropriation”) out of 138.1 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, which is owned by the Plaintiff, and shares of 3/4 (hereinafter “infringes subject to expropriation”): Compensation for losses: 261,723,60 won in land subject to expropriation and additional charges of 537,780 won in delay, and 88,058,70 won in obstacles subject to expropriation and additional charges of 180,80 won in delay: Date of commencement of expropriation: December 14, 2016.
Adjudication by the Central Land Tribunal on November 23, 2017 - Compensation for losses: Land subject to expropriation 271,760,080 and 93,168,850 won for obstacles to expropriation.
(d) Court appraisal - Compensation for losses: Statement of evidence Nos. 1-1, 11, 2-1, and 3-1, 11, and 3-2 of evidence Nos. 1-1, 11, and 3-2 of the land to be expropriated, the result of appraisal entrusted to E by this court and the result of inquiry, the purport of the entire pleadings.
2. The assertion and judgment
A. Since the compensation for the adjudication on the objection against the land and obstacles owned by the plaintiff's assertion falls short of the legitimate compensation, the defendant is obligated to pay to the plaintiff the difference between the reasonable compensation for the land and obstacles to be expropriated and the compensation for the objection.
B. In a lawsuit seeking compensation for losses, the Plaintiff bears the burden of proving that the amount of reasonable compensation exceeds the amount of compensation determined by the adjudication (see, e.g., Supreme Court Decision 2003Du12226, Oct. 15, 2004). There is no evidence to acknowledge that the amount of reasonable compensation for the land and obstacles owned by the Plaintiff exceeds the amount of compensation determined by the adjudication. Therefore, the Plaintiff’s assertion is difficult to accept.
3. The plaintiff's claim for conclusion is dismissed as it is without merit.