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(영문) 대전지방법원 2021.03.25 2020구단101074
손실보상금
Text

The defendant's KRW 18,400,400 and its relation to the plaintiff shall be 5% per annum from September 6, 2019 to March 25, 2021.

Reasons

1. Details of ruling;

(a) business recognition and public notice - B rearrangement project (hereinafter “project in this case”) - C public notice of ASEAN on December 27, 2018 - Project implementer: Defendant

B. Decision on expropriation on July 22, 2019 by the Land Expropriation Committee in Chungcheongnam-do (hereinafter “decision on expropriation”) - Subject to expropriation: D previous 1,928 square meters (hereinafter “instant land”) in the instant project district owned by the Plaintiff: 531,694,000 won (i.e., KRW 502,24,000 per piece of land, KRW 29,450,00 per annum) - The date of commencement of expropriation: September 5, 2019.

On January 30, 2020, the plaintiff of the Central Land Expropriation Committee filed an objection against the above expropriation ruling, and the Central Land Expropriation Committee made an objection to partially increase the compensation for the expropriation ruling, and to additionally compensate for some obstacles (one water tank, one water pipe, one water pipe for irrigation, and one electrical entrance), omitted in the expropriation ruling, thereby changing the compensation for losses to KRW 538,693,200 (=land 504,943,943,200 obstacles to land 33,750,00).

(d)

The result of the court’s entrustment of appraisal (hereinafter “court appraisal”) 1 was assessed as KRW 513,233,600 on the land of this case at the time of the adjudication of expropriation.

2) At the time of the ruling on expropriation of the structure and other facilities other than trees among the obstacles in the instant case, reasonable compensation was assessed as KRW 2,950,000.

3) At the time of the ruling on acceptance of trees among the obstacles in the instant case, compensation for lawful loss was assessed as KRW 33,904,440 as a result of the first commission of appraisal, but was assessed as KRW 40,910,000 as a result of the second commission of appraisal.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), the result of each commission of appraisal by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's result of the second appraisal by the court appraiser (as to trees, the result of the second appraisal).

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