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(영문) 수원지방법원 2016.06.28 2015구합69387
손실보상금
Text

1. The Defendant’s KRW 321,423,60, and the Plaintiff’s annual rate of KRW 5% from April 22, 2015 to June 28, 2016.

Reasons

1. Details of ruling;

(a) project approval and public notice - Public housing project (hereinafter referred to as the “instant project”) - (No. 2010-315, and No. 2014-614, Oct. 14, 2014) announced by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010; Defendant:

B. Adjudication of expropriation by the Central Land Tribunal on February 26, 2015 - Land subject to expropriation: Each parcel of land listed in the attached Table 1 (hereinafter referred to as “instant portion of land”; hereinafter referred to as “the remaining portion of land”; hereinafter referred to as “instant land”); and 6,278,850,150 won in total, (i) KRW 6,278,850,850 in total, and compensation for losses: [Attachment 1] 47,107,00 operating rights of 181,60,000 won for each parcel of land as indicated in the attached Table 1 list of land subject to expropriation; and (ii) an appraisal corporation: An appraisal corporation on April 21, 2015; and a new appraisal corporation on April 21, 2015;

C. The Central Land Tribunal’s ruling on September 17, 2015 - Contents of the ruling: The amount of compensation for the instant land shall be increased to KRW 6,319,601,700, as stated in the relevant portion in the column for compensation for losses in the attached Table 1; and the claim for compensation for the above ground obstacles and goodwill shall be dismissed - An appraisal corporation: the Uniform Appraisal Corporation and the Korea Appraisal Board (hereinafter “Objection Appraisal Board”) (hereinafter “Objection Judgment”) - without any dispute - The fact that there is no ground for recognition, Gap’s evidence 1, 2, Eul’s evidence 1, 2, and Eul’s evidence 1, 2, and 3 (including each number), and the purport of

2. The assertion and judgment

A. In light of the Plaintiff’s assertion, the pertinent land’s lawful compensation amount is KRW 7,254,118,200, which is the appraised amount based on the result of a request for supplementary appraisal to an appraiser A (hereinafter “court supplementary appraisal”), and the Defendant is obligated to pay to the Plaintiff the said amount and the compensation amount of KRW 6,319,60,70, the difference between the said amount and the compensation amount of KRW 6,319,601,70, and damages for delay.

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