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(영문) 수원지방법원 2019.03.26 2018구합68606
손실보상금
Text

1. The Defendant’s KRW 22,453,180 as well as 5% per annum from June 30, 2017 to March 26, 2019 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: C Housing redevelopment rearrangement project (II) - Project implementer: Ansan City-Public announcement on June 2, 2015;

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on May 15, 2017 (hereinafter “instant expropriation ruling”) - Land listed in the attached list (hereinafter “instant land”), buildings and obstacles (hereinafter “instant building and obstacles”) - The starting date of expropriation: June 29, 2017: Compensation for losses: KRW 718,998,430 (i.e., the instant land and the obstacles of KRW 140,49,450) - The building and obstacles of the instant land of KRW 578,49,450 (i.e., KRW 140,49,98,98,980) - the appraisal corporation: E and the F.

C. The Central Land Tribunal rendered an objection on July 19, 2018 (hereinafter “instant objection”) - Compensation for losses: KRW 748,597,600 (i.e., the instant land at KRW 604,398,120 and the instant building and obstacles at KRW 144,19,480): Land Appraisal Corporation G and H

D. Results of appraisal I by the court appraiser I - Compensation for losses: 771,050,780 won (=626,851,300 won of the instant land and the instant obstacles 14,19,480 won) 【No dispute exists which is a ground for recognition; Gap 1, 2, 4, 5, 5 through 5 (including virtual numbers); Eul 1 through 4; Eul 1’s appraisal result; Eul’s appraisal result; and Eul’s appraisal result;

2. The assertion and judgment

A. The Plaintiff’s assertion of objection did not reflect the actual transaction of the Plaintiff’s property, such as the surrounding trial precedents, etc., and did not properly reflect the adequate assessment example and transaction examples, individual factors and other factors, repair cost of buildings, etc., repair cost of buildings, interior cost, and appropriate value of obstacles.

The amount of compensation is limited to 70% of the market price, and in order to see that the compensation guaranteed by the Constitution is received, compensation on the market price should be received, and 20% of the above amount should be increased.

In addition, the amount of the ruling of acceptance and the amount of objection are considerable.

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