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(영문) 수원지방법원 2017.08.22 2016구합70568

손실보상금

Text

1. The Defendants jointly and severally committed against Plaintiff A with respect to KRW 22,495,50, and KRW 2,071,400 and each of the said money. < Amended by Presidential Decree No. 27505, Sep. 1, 2016>

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Hanam City C-Public notice: D public notice of the Ministry of Land, Infrastructure and Transport on April 1, 2015 - Business operator: the Gyeonggi-do Governor and the subordinate Mayor;

B. The adjudication of expropriation made by the Central Land Tribunal on March 24, 2016 - subject to expropriation: E, 14 square meters, F 9 square meters, F 1 square meters, G 267 square meters (hereinafter referred to as “Plaintiff A land”), H above ground and obstacles (hereinafter referred to as “Plaintiff B obstacles”) in the Republic of Korea, Hanam-si, the Plaintiff owned on March 24, 2016 - Compensation for losses on May 17, 2016 - Total sum of Plaintiff A land KRW 1,834,470,000, Plaintiff B obstacles to the Plaintiff 198,873,910 - An appraisal corporation: An appraisal corporation and a land appraisal corporation and a stock company (hereinafter referred to as “appraisal on expropriation”)

(c) The Central Land Tribunal’s ruling on November 24, 2016 - Details of the ruling: 1,899,397,500 won totaling the compensation for losses for the Plaintiff’s land; and 214,900,050 won totaling the compensation for losses for the Plaintiff’s obstacles to the Plaintiff’s land; - An appraisal corporation: I Dong Vice Governor, Inc., and Jamdong Vice Governor (hereinafter “Objection Decision”).

D. Results of this Court’s commission to appraiser K for appraisal - Contents of appraisal: 1,563,549,000 won in aggregate of compensation for losses for the Plaintiff’s land (E land and G land are individually assessed) or 1,91,893,00 won in aggregate of compensation for losses for the Plaintiff’s land (E land and G land are assessed collectively) or 216,971,450 won in aggregate of compensation for losses for the Plaintiff’s obstacles (hereinafter “court appraisal”) without dispute; Gap’s evidence 1 through 4 (including serial numbers); Eul’s evidence 1 to 4; Eul’s evidence 1 to 4; the result of the appraisal commission to the appraiser K; the purport of the entire pleadings;

2. Determination

A. The appraisal of acceptance and objection against Plaintiff A’s assertion by the Plaintiffs 1 is unfair without reflecting the market price.