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(영문) 부산지방법원 2019.05.23 2018구합1092

토지수용에대한보상금

Text

1. Of the instant lawsuit, the part concerning the claim for compensation for losses concerning the obstacles described in the Schedule 7 and 8 of Attached Table 1 shall be dismissed.

2...

Reasons

1. Details, etc. of ruling;

(a) Project approval and public notice - Project implementation plan for Zone B housing redevelopment and rearrangement project - Project implementation district: Seo-gu Busan Metropolitan Government C (hereinafter referred to as “instant rearrangement zone”): Defendant - Public notice of the Seo-gu Busan Metropolitan City on June 13, 2012; Seo-gu Busan Metropolitan Government public notice E on September 17, 2013; Seo-gu Busan Metropolitan City public notice on October 7, 2015; Seo-gu Busan Metropolitan City public notice on November 16, 2016; and H public notice of Seo-gu Busan Metropolitan City on November 30, 2016;

B. The Busan Metropolitan City Land Tribunal’s adjudication on expropriation (hereinafter “instant adjudication on expropriation”) on February 20, 2017 - The date of expropriation: The date of expropriation (hereinafter “instant adjudication on expropriation”): The land owned by the Plaintiff in the pertinent project area in Busan, Seo-gu, Busan, and the land owned by the Plaintiff, and 325/468 shares (hereinafter “each of the instant land”) among the land owned by the Plaintiff in Busan, Seo-gu, Seo-gu, 15 square meters in Busan, and the land JJ in Busan (hereinafter “instant land”) and the obstacles, such as buildings listed in Tables 1 through 6, 9 through 12 of attached Table 1 above (hereinafter “instant obstacles”) - Compensation: 301,331,10 won (=the appraisal corporation, 235,457,40 won of the instant land, and 65,873,670 won): K and L corporation (hereinafter “appraisal appraisal corporation”)

C. The Central Land Tribunal made an objection on November 23, 2017 (hereinafter “instant objection”) - Compensation: KRW 309,978,050 (=Land 242,804,380 won and the instant obstacles 67,173,670 won): M&A and the appraisal corporation N (hereinafter “appraisal”)

D. As a result of the appraisal conducted by the appraiser in the office of appraisal selected by the court on September 18, 2018, the appraisal conducted on September 18, 2018: KRW 364,109,20 [The instant obstacles in the instant land = KRW 72,813,790 [hereinafter “the instant supplementary obstacles”)]

() 30,812,640 won (hereinafter “the first court appraisal”) - Results of the appraisal conducted on December 19, 2018: 359,524,340 won = Land 257,167,80 won (hereinafter “the instant obstacles”).