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(영문) 수원지방법원 2018.01.09 2017구합65211
손실보상금
Text

1. The Defendant: (a) KRW 8,206,850 for the Plaintiff and KRW 5% per annum from October 24, 2017 to January 9, 2018; and (b) the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): Public housing project (B; hereinafter “instant project”);

(2) A public announcement of project approval: C3 project operator announced by the Ministry of Land, Transport and Maritime Affairs on October 5, 201: Defendant

B. Subject to expropriation by the Central Land Tribunal on September 29, 2016 (hereinafter “instant expropriation ruling”): Land listed in the [attached Form] List owned by the Plaintiff (hereinafter “instant land”); and “(i) through (iii) land portion according to the sequence in a specific time.”

(2) Compensation for losses: The date of commencement of expropriation as stated in the list of the compensation for losses (attached Form 3): The appraisal corporation on November 22, 2016: the Pacific appraisal corporation, the State appraisal corporation (hereinafter “instant appraisal of expropriation”) and the State appraisal corporation on November 24, 2016.

C. The content of the adjudication by the Central Land Tribunal on April 27, 2017 (hereinafter “the instant adjudication”): The “amount of appraisal of the instant land” in the list of compensation for losses as indicated in the relevant item (attached Form) is increased as indicated: An appraisal corporation: a new appraisal corporation in the future, an appraisal corporation, and the Korea Appraisal and Assessment Board (hereinafter “Appraisal of the instant objection”).

D. The appraisal result D’s appraisal result (hereinafter “court appraisal”) 1: The appraisal amount as classified based on the size according to the actual use status presented by the project implementer at the time of the instant adjudication of expropriation and objection to the instant land: The “court appraisal” list of the instant land is as indicated in the pertinent statement, 【No dispute exists,” 【No ground for recognition’s appraisal, i.e., Gap’s evidence, Eul’s evidence Nos. 1 through 5, and Eul’s evidence Nos. 1, 2, and 3 (including the serial number), i.e., appraisal result of appraiser D’s appraisal, the purport of the entire pleadings.

2. The assertion and judgment

A. As to the Plaintiff’s assertion, the amount of appraisal of the compensation amount and the court appraisal determined by the instant objection ruling as to the instant land is too small as follows.

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