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(영문) 서울고등법원 2016.05.24 2015누65225

손실보상금 증액

Text

1. Of the judgment of the first instance, KRW 5,937,570 against the Plaintiff among the judgment of the court of first instance, and its related thereto, from May 14, 2014 to May 24, 2016.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: C: Housing site development project (hereinafter referred to as the “instant project”): A-Public notice given by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009 - Business operator: Defendant;

B. The Central Land Tribunal’s ruling of expropriation on March 20, 2014 - Subject to expropriation: The appraiser assessed the compensation for losses as KRW 428,830 on the premise that the size of the pattern among the obstacles in the instant case is 25.9 square meters on the premise that the size of the pattern among the obstacles in the instant case is 25.9 square meters (hereinafter “instant obstacles”): May 13, 2014 - the date of expropriation: 75,653,430 won (i.e., the total amount of compensation for losses of KRW 1,456,430, the total amount of compensation for losses of KRW 1,456,197,00), while appraising the obstacles in the instant case and business losses.

- An appraisal corporation: Il-il Appraisal Corporation and Gad Appraisal Corporation (hereinafter referred to as “adjudication appraiser”) and the result of appraisal shall be referred to as “adjudication appraisal”);

C. The result of the appraisal conducted by the first instance court G appraiser (hereinafter “court appraiser G”) - The obstacles and business facilities subject to the appraisal conducted by the court appraiser are the same as the obstacles and business facilities of this case, which are the subjects of the appraisal conducted by the court appraiser. However, unlike the instant obstacles, the court appraiser assessed the amount of KRW 1,729,000 for the temporary building on the land of Seo-gu Incheon, Seo-gu, Incheon, as well as the instant obstacles, by including the amount of compensation for losses of KRW 1,729,00 for the temporary building on the land of this case.

Unlike the appraisal of the compensation on the premise that the area of the tea (No. 1 in the list of obstacles of this case) among the obstacles of this case is 25.99 square meters, the court appraiser in the first instance court assessed the compensation as KRW 1,729,000, while the area of the tea is 91 square meters as a result of the actual measurement of the area in the first instance court. However, the court below assessed the compensation as KRW 1,729,000.