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(영문) 서울고등법원 2015.04.24 2014누52604
보상금 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

Compensation following the decline in the value of the remaining land in the lawsuit of this case.

Reasons

1. Details of ruling;

(a) Project approval and publication - Project name: Urban planning facility project (C) - Public announcement: Defendant on January 7, 2012

(b) Adjudication on expropriation on June 11, 2012 by the Gyeonggi-do Regional Land Tribunal - Subject to expropriation: The area of land in the column for expropriation of the compensation details table in attached Form 1 shall be as stated;

(hereinafter referred to as “instant land” and, in case of referring to individual land, specified as its parcel number) - Compensation: 251,392,50 won - Commencement Date of expropriation: - An appraisal corporation on July 10, 2012 - An appraisal corporation on March 1, 2012 and two appraisal corporations;

(c) The Central Land Expropriation Committee’s ruling on March 22, 2013 - Subject matters of expropriation: The same shall apply to the land in this case and the column of objects of expropriation on the compensation list in attached Table 1.

(hereinafter referred to as “the obstacles of this case”) - Compensation: The amount of compensation shall be as stated in the column for the amount of objection on the attached Form 1.

- An appraisal corporation: Each entry in Gap, Gap, Eul, and Eul's evidence (including branch numbers, if any; hereinafter the same shall apply) and the whole purport of pleadings, as a whole, without a dispute, whether there is a ground for recognition, Gap's evidence 1, 2, and Eul's evidence 1 and 2 (including a ground number; hereinafter the same shall apply).

2. Summary of the plaintiff's assertion

A. While the appraisal of an objection to the instant land does not reach a reasonable amount of compensation by subjecting to comparative standards and the selection of precedents compensation land and the assessment of individual factors, etc., the appraisal of the instant land at issue constitutes a reasonable amount of compensation pursuant to the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Public Works Act”), the compensation calculated pursuant to the result of a certified public appraiser D’s response to a request for appraisal by the court of the first instance (hereinafter “appraisal of the first instance court”) regarding the request for appraisal by the court of the first instance constituted a reasonable amount of compensation pursuant to the same Act.

(b).

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