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(영문) 부산지방법원 2015.09.04 2015구합20689
손실보상금
Text

1. The Defendant: 12,369,650 won to Plaintiff A; 28,127,800 won to Plaintiff B; 13,746,500 won to Plaintiff C; and 6,601.

Reasons

1. Details of ruling;

(a) Business name - Project name: F - The defendant - Project implementer: The defendant - The G G members of Gangseo-gu Busan Metropolitan Government - The public notice of project implementation authorization: H on March 3, 201, the Busan Metropolitan City public notice of H on July 6, 201, the public notice of the Busan Jinhae Free Economic Zone Authority published on August 28, 201, the JJ of the same public notice on August 28, 2013, the KK on September 4, 2013, the same public notice L on December 11, 203, the same public notice L on January 15, 2014;

B. The adjudication of expropriation by the local Land Tribunal of Busan Metropolitan City (hereinafter “instant adjudication of expropriation”): Land and obstacles owned by the plaintiffs in the rearrangement project zone, which are indicated in the attached Table “subject to expropriation” column.

- Compensation for losses: as shown in the attached Table “Adjudication Amount for Expropriation” column.

- Commencement date of expropriation: June 9, 2014

The Central Land Tribunal's ruling on an objection (hereinafter referred to as the "adjudication on an objection of this case") - Contents of the adjudication: It shall be as shown in the column of "amount of the objection" in the attached Table.

The court's entrustment of appraisal to the Pacific Appraisal Corporation (hereinafter "court's appraisal") - Contents of appraisal: It is identical to the statement in the column of "court's appraisal amount" in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number), the result of the commission of appraisal to the Pacific Appraisal Corporation Co., Ltd. by this court, the purport of the whole pleadings

2. The assertion and judgment

A. Since the plaintiffs' assertion of this case and compensation for losses prescribed in the adjudication on acceptance of this case and the adjudication on objection are considerably low in light of their value, they seek the difference between the reasonable amount of compensation according to the court appraisal and the amount of compensation determined by the adjudication on objection and the compensation for delay

B. In a lawsuit involving an increase or decrease of land expropriation compensation, each appraisal agency’s appraisal and the court appraiser’s appraisal and assessment are not illegal in the assessment methods, and there are mutual opinions in consideration of the remaining price assessment factors except for individual factors and vision. However, only individual factors and vision are assessed.

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