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(영문) 광주고등법원 2020.05.22 2019누11193

손실보상금증액

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to each of the plaintiffs KRW 104,073,760 as well as to this.

Reasons

1. Details, etc. of ruling;

(a) project approval and publication - Development Plans D - Notification E of the Ministry of Trade, Industry and Energy on April 25, 2013 - Project operator: Defendant

(b) The Central Land Tribunal’s ruling on expropriation on May 26, 2016 - Subject to expropriation: F forest land of 60,508 square meters (hereinafter “instant land”) in opticalyang-si in which the Plaintiffs own 1/5 shares: July 19, 2016 - Compensation for losses on July 19, 2016 - Each of the Plaintiffs: 670,428,640 won.

(c) The Central Land Tribunal’s ruling on October 27, 2016 - Compensation for losses: Each of the plaintiffs’ 670,428,640 won (based on recognition), the fact that there is no dispute over the dispute, entry in Gap evidence 1 and 2, and the purport of the whole pleadings

2. The appraisal of the plaintiffs' objection to the land of this case and the appraisal by the court of first instance is erroneous in the calculation of the corrected value of other factors, such as unfairly selecting neighboring transaction cases.

Therefore, the Defendant is obligated to pay the difference between the reasonable amount of compensation calculated by reflecting the pertinent neighboring transaction cases with respect to the instant land and the amount of compensation already paid by the Plaintiffs, each of which is 104,073,760 won and delay damages.

3. Determination as to the plaintiffs' claims

A. Facts of recognition 1) The results of each appraisal by the court of first instance and the appraiser of this court on the land of this case are as listed in the table below. The results of the appraisal by the first instance court on the land of this case are as follows: 671,638,80 won each 775,712,560 won each 775,428,640 won and 671,638,800 won each 671,638,800 won each (=670,428,640 won each 1,210,160 won each 671,638,640 won each 670,640 won each as a result of the appraisal by the first instance court on the land of this case.

[Ground of recognition] Unsatisfy, Eul's entry (including a branch number) of evidence Nos. 3 and 4, the result of the court's entrustment to appraiser G by the court of first instance, the result of the court's entrustment to appraiser I by this court, the purport of the whole pleadings

(b)for specific determination 1 expropriation of land.