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(영문) 부산고등법원 2015.11.13 2015누103
손실보상금증액
Text

1. The judgment of the first instance, including the plaintiffs' claims that have been reduced and expanded in the trial, shall be modified as follows:

Reasons

1. Details of ruling;

(a) Authorization and public notice of project implementation - M-Housing redevelopment rearrangement project - Defendant - Rearrangement project zone: - Public notice of project implementation authorization - Public notice of 41,907 square meters in Busan Metropolitan City Maritime Transport Daegu - Public notice of Maritime Transport Daegu on February 20, 2013

B. Adjudication on expropriation by the Regional Land Tribunal of Busan Metropolitan City on August 25, 2014 - Land subject to expropriation: The land and obstacles owned by the plaintiffs in the rearrangement project zone are as indicated in the annexed Table “land subject to expropriation and obstacles” column.

- Compensation for losses: as shown in the annexed sheet “compensation amount” column.

- Commencement date of expropriation: October 20, 2014

The Central Land Tribunal's ruling on an objection (hereinafter referred to as "adjudication on an objection") on January 22, 2015 - Contents of the adjudication: The term "amount of the adjudication on an objection" in the attached Table shall be as specified in attached Table.

Results of entrustment to appraiser P by the court of first instance (hereinafter referred to as "appraisal by the court of first instance") - Contents of appraisal: The details of appraisal shall be as stated in the attached Table "amount of appraisal by the court of first instance".

E. The result of this Court’s entrustment to AB of appraisal by the appraiser AB (hereinafter “instant appraisal”): The content of appraisal is as shown in the “amount of assessment per instance” column in the annexed sheet.

(Provided, That the plaintiff A, B, C, D, G, H, I, J, and K applied for a re-appraisal of land only for the first time in the trial). The defendant paid the plaintiffs all compensation according to the ruling of objection.

[Ground of recognition] The facts without dispute, Gap evidence 1-1-1-11, the result of the court of first instance requesting appraisal of appraiser P by the appraiser of the court of first instance, the result of requesting appraisal of appraiser AB by this court, the purport of the whole pleadings

2. In a lawsuit concerning the increase or decrease of land expropriation compensation for the plaintiffs' claims, both the adjudication and the court appraisal do not constitute an unlawful reason in the evaluation methods, and in the case where the remaining price calculation factors except the individual non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party non-party-party-party

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