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(영문) 수원지방법원 2018.11.20 2018구합67160

손실보상금

Text

1. The Defendant: KRW 25,483,510 for the Plaintiff and KRW 5% per annum from January 12, 2018 to November 20, 2018; and

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project approval: A public announcement of project implementation authorization for housing redevelopment projects (B housing redevelopment rearrangement projects, 3rd) in Ansan-si: The defendant; the defendant; the defendant; the defendant; the project implementer of Ansan-si public notification C ( September 22, 2015) and the D ( March 3, 2017);

B. Objects to be expropriated by the Gyeonggi-do Regional Land Tribunal on November 27, 2017: Land and obstacles listed in the attached Form (hereinafter “instant land”) and “the obstacles of this case”

2) Compensation for losses: 542,82,080 won (land 515,938,500) 26,883,580 won, 26,883,580 won

(c) Compensation for losses for an objection made on June 21, 2018 by the Central Land Tribunal: Each entry in the 561,422,740 won [27,350 won (20,904,470 won 1,05,600 won 3,441,670 won 1,949,00 won)] [Grounds for recognition] of absence of any dispute; Gap's evidence Nos. 1 through 4; Eul's evidence Nos. 1, 2, and 2 (including additional numbers); the purport of the entire pleadings;

2. Determination

A. Since the Plaintiff’s appraisal of the instant objection was erroneous in selecting a comparative standard site, etc., the compensation amount falls short of the market price, the Defendant is obligated to pay the difference between the compensation amount and the above compensation amount to the Plaintiff.

B. 1) The instant land is located in the vicinity of F School E in Ansan-si, and there is a mixture of apartment houses, apartment houses, part of neighborhood living facilities, etc. in the vicinity of the F School in Ansan-si, and traffic conditions are influence, and is used as a housing site, and is designated as an urban area, a Class-II general residential area, and a district unit planning zone under the National Land Planning and Utilization Act and the Enforcement Decree thereof. The instant obstacles are the housing on the instant land and the warehouse, etc. attached thereto. 2) The court appraiser shall compare the previous G land with a standard for comparison during the time when the land is located in the vicinity of the instant land and the specific use area is identical, and the actual use of the instant land is identical or similar to the surrounding environment.