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(영문) 수원지방법원 2019.07.18 2018구합72759

손실보상금

Text

1. The Defendant’s KRW 17,442,30 for the Plaintiff and KRW 5% per annum from April 15, 2018 to July 18, 2019.

Reasons

1. Details, etc. of ruling;

(a) Project name: project approval and notification 1) project name: B road packing project (hereinafter referred to as the “instant project”);

2) Public notice of authorization for project implementation (revision): Defendant: Notice C of Gwangju City on February 13, 2017 and Notice D3 of Gwangju City on January 15, 2018:

B. Objects to be expropriated by the Gyeonggi-do Regional Land Tribunal on February 28, 2018 (hereinafter “instant expropriation adjudication”): Each land listed in the attached Table List of Real Estate (hereinafter “instant land”).

2) The date of commencement of expropriation: Compensation for losses: 124,839,500 won: 124,839,500 won: The E and the F.

C. The Central Land Tribunal rendered an objection on October 25, 2018 (hereinafter “instant objection”) 1: 128,534,700 won: G and H companies

D. The result of the commission of appraisal to the appraiser I (hereinafter “court appraiser”) by this Court (hereinafter “the above commission of appraisal”) (hereinafter “court appraisal”): KRW 145,977,00: 145,97,000 (which is the ground for recognition”) does not dispute, Gap evidence 1, 2, 5, 6, and 8 (which includes a serial number if any); hereinafter the same shall apply)

each entry, the result of the commission of appraisal to appraiser I by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the compensation amount determined by the instant judgment is either mistakenly selected on the basis of comparative standard or assessed on the basis of the officially assessed land value extremely low, and that is not significantly below the market price of the instant land on the ground that the current status of a part of the instant land is an excessive appraisal and assessment, etc. Therefore, the Defendant is liable to pay to the Plaintiff the reasonable compensation for the instant land and obstacles and the compensation amount for delay corresponding to the difference between the pertinent compensation amount and the above compensation amount.

B. It is as stated in the attached Form of the relevant statutes.

C. Each appraisal institution that forms the basis for the ruling in a lawsuit concerning an increase or decrease in the relevant legal principles 1.