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(영문) 대구지방법원 2020.10.28 2019구합24710

손실보상금

Text

The defendant's each of the plaintiffs 9,050,820 won and each of them shall be 5% per annum from August 10, 2019 to October 28, 2020, and 5% per annum.

Reasons

1. Details, etc. of ruling;

(a) Project name and public notice of project approval: The defendant; D public notice of project approval in Seo-gu, Daegu Metropolitan City ( June 12, 2017):

B. Land and obstacles subject to expropriation by the local land expropriation committee of Daegu Metropolitan City on June 25, 2019 (hereinafter “adjudication of expropriation”): The compensation for each land and obstacles (hereinafter “land and obstacles”) indicated in the attached Table in the attached Table of “subject matter of expropriation”): The compensation for expropriation ruling shall be as indicated in the attached Table of “compensation for expropriation”.

Date of commencement of expropriation: August 9, 2019

The result of the request for appraisal by the appraiser E of this Court (hereinafter referred to as "the result of the court appraisal"): The same shall apply to the statement of "the court appraisal compensation" in the attached Table.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 (including paper numbers), the court's appraisal result, the whole purport of pleading

2. Determination on the plaintiffs' claims

A. Since the plaintiffs' compensation acknowledged in the adjudication of expropriation regarding the land and obstacles of this case is too low and unfair, the defendant should pay the plaintiffs the compensation for losses additionally stated in the purport of the claim in addition to the compensation for losses recognized in the above procedure.

B. 1) Determination 1) With respect to the appraisal result submitted by an appraiser upon the commission of the competent court through the appraisal process based on expert knowledge and experience, if there are significant errors in the relevant process or if the other party does not submit objective materials to impeachment its credibility, it cannot be readily rejected on the sole basis of pointing out the possibility of minor errors that can be found in the appraisal process, etc. The appraisal result of the appraiser’s appraisal should be respected unless there is a significant error that the appraisal method is contrary to the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). Meanwhile, the expropriation compensation is granted.