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(영문) 창원지방법원 2017.11.28 2016구합52475
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: C Development Industry - Public notice: D- Project operator public notice of Chang Chang-Gun on July 26, 2012; Defendant:

B. Adjudication on expropriation - Land subject to expropriation - Land for expropriation E- Gun E- 21,858§³ (hereinafter “instant land”) and its obstacles (see, e.g., the detailed statement on the compensation list for expropriation): May 23, 2016 - Compensation for the instant land: 452,460,600 won: - Compensation for the damages on the instant land: 25,905,000 won for the damages on the instant land: 25,905,000 won for the damages on the instant land; however, there were standing trees (small trees, night trees), other than the aforementioned compensation obstacles; however, the appraisal corporation, the Korea Appraisal Corporation, the branch offices, and the Korea Appraisal Corporation, the Korea Appraisal Corporation, which conducted the appraisal on expropriation, had low economic value of the said natural timber and generally traded in forest and forest land.

C. This ruling - The Plaintiff sought an increase in compensation for the instant land, but was dismissed.

- The compensation for the instant land obstacles was increased to KRW 26,521,000.

- The Plaintiff sought compensation for pine trees and night trees (hereinafter “unassessment obstacles”) that are not separately assessed in the adjudication of expropriation, but was dismissed on the ground that they constitute standing timber with no economic value.

The court appraisal - The appraised value of the instant land: 432,788,400 won (the appraiser F calculated the appraised value, including the appraised value of the instant land, on the grounds that the unappraisaled value is low due to the lack of economic value) - The court appraisal did not separately take place for the instant obstacles.

- The appraised value of non-assessment obstacles: 17,820,267 won for pine trees 1,770 and 3,793,200 won for night trees 250 weeks, G seek a separate appraisal for obstacles to non-assessment.

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