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(영문) 부산지방법원 2018.07.19 2016구합21740
손실보상금
Text

1. The Defendant’s KRW 354,980,480 as well as the Plaintiff’s annual rate of 5% from January 14, 2015 to May 3, 2018.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: Urban planning facility project (BB) project (hereinafter referred to as the “instant project”): Defendant - Public announcement of Busan Metropolitan City on June 24, 2009;

(b) The Central Land Expropriation Committee’s ruling on expropriation as of November 20, 2014 - The date of commencement of expropriation: January 13, 2015 - Subject to expropriation: Busan Shipping Daegu E-271 square meters (hereinafter “instant land”).

C. As a result of the appraisal by the Central Land Tribunal on March 24, 2016 (hereinafter “the result of the appraisal by the said Tribunal”), the area of the land to be expropriated in the instant case (hereinafter “the land subject to appraisal by the said Tribunal”) is 38.11.122,805,660 of the commercial area part of the instant land, and the natural green belt part of the instant land (hereinafter “land subject to dispute”) among the land in this case (hereinafter “land”), 598,180,180,720 of the aggregate of the land in this case

D. As a result of the court’s commission of appraisal to appraiser F of this case (hereinafter “the court’s appraisal result”), where the land category of the land to be expropriated is assessed as commercial area 38.11 134,040,492 of the land in this case as part of the commercial area among the land in this case / 232.89 520,252,971 / 654,293,463 - Where the land category of the land in this case is assessed as a green area as a green area, the land category of the land in this case as part of the commercial area in this case 38.134,040,492 - 819,120,708 - 953,161,200 -

2. The assertion and judgment

A. The appraisal result of the instant ruling evaluated as a green area even though the specific use area of the Plaintiff’s disputed land was a commercial area, is unlawful. The amount of compensation for losses determined by the said ruling is too low. The legitimate compensation for losses is KRW 953,161,200 based on the court appraisal result that evaluated the specific use area of the pertinent land as a commercial area. Thus, the Defendant is the Plaintiff.

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