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(영문) 수원지방법원 2015.06.02 2014구합55657
보상금증액
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project approval and public announcement - Project approval and public announcement - Project approval for a dry ecological river restoration project - Public announcement of project approval: Defendant: No. 2012-127 of Ansan-si on December 27, 2012 and No. 2014-30 of Ansan-si on February 25, 2014

B. Adjudication of expropriation made by the Central Land Tribunal on April 14, 2014 - Before the 800-2 square meters (hereinafter referred to as “instant land”) in Ansan-si, Ansan-si, 800-2, and on its ground, plastic houses, brins walls, fences, and entry terminal sites (hereinafter referred to as “instant obstacles”): Compensation for losses: 21,350,000 won for the instant land, and 6,294,000 won for the instant obstacles, and 6,294,000 won for the date of commencement of expropriation: May 29, 2014.

- Contents of adjudication by the Central Land Tribunal on September 25, 2014 - Contents of adjudication: 21,65,000 won for the land in this case and 6,340,000 won for the obstacles in this case - An appraisal corporation: a virtual appraisal corporation and a new appraisal corporation for the future;

D. The result of the appraiser A’s commission of appraisal by this Court (hereinafter “court appraisal”): The appraiser, like the time of the ruling of objection, selected the size of 1,045 square meters prior to the No. 844-2, Ansan-gu, Ansan-si as a comparative standard for the land of this case, and assessed the compensation for losses for the land of this case as KRW 21,460,000 through comparison of time adjustment, regional factors, individual factors, and other factors.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1, 2-1, 2-2, Eul evidence Nos. 1, 3, 4-1, 2, and 5-1, 4-5, the result of the court’s commission of appraisal to Gap, the purport of the whole pleadings

2. Summary of the Plaintiff’s cause of claim

A. The amount of compensation for losses arising from the adjudication on objection to the land of this case concerning the land of this case is excessively underassessment, so compensation should be increased.

B. Around March 2007, at the time when the Plaintiff installed the obstacles of this case, the floor area was over 70 square meters. The Defendant was above.

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