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(영문) 인천지방법원 2021.01.29 2018구합54891
손실보상금
Text

1. The Defendant’s KRW 37,380,60 for the Plaintiff and the Plaintiff’s 5% per annum from March 29, 2018 to January 29, 2021.

Reasons

1. Basic facts

(a) Business recognition and public notice, etc. - Business name: B - Business implementer: Defendant - Public notice: Public notice of approval of implementation plans (public notice of the head of Jung-gu Incheon Metropolitan City on November 2, 2015);

(b) The Central Land Expropriation Committee’s ruling on February 8, 2018 - Land subject to expropriation - Loss compensation listed in the attached Table owned by the Plaintiff - Each amount stated in the attached Table “amount of adjudication for expropriation” - Date of commencement of expropriation: March 28, 2018 - Appraisal Corporation: D and E Co., Ltd.

(c) The Central Land Expropriation Committee’s ruling on September 20, 2018 - Loss compensation: each amount indicated in the “amount of adjudication on an objection” column in the annexed Table - An appraisal corporation: F. and G.

(d) this Court’s appraisal - The amount stated in the column for “court appraisal amount” in the annexed sheet - The appraiser: The fact that there is no dispute over H [based for recognition], Gap’s evidence Nos. 1, 3, Gap’s evidence Nos. 2 and 4-18, Eul’s evidence Nos. 1, 2-2, and Eul’s evidence Nos. 1, 2-1, and 1, 2-2, the result of the appraisal commission to appraiser H of this Court, the purport

2. Judgment on the assertion

A. The plaintiff's assertion 1) The plaintiff is obligated to pay 38,380,600 won (473,020,000 won - 434,639,400 won - 434,639,400 won (473,020,000 won - 434,639,40 won) and delayed damages.

The argument is asserted.

2) The Defendant asserted that the Defendant’s assertion that the court appraiser selected 1,884 square meters of I forest land (hereinafter “the instant comparative table”) as a comparative standard for the appraisal of each land owned by the Plaintiff and applied the correction rate reflecting it as other factors, by evaluating the instant case as equal to that of the instant comparative table, even if the regional factors are better than that of the instant comparative table.

B. 1) Determinations are based on the result of the court’s commission of appraisal to the appraiser H, whether the court’s appraisal was unlawful or not, as follows.

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