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(영문) 수원지방법원 2018.08.16 2016구합66019
손실보상금
Text

1. The defendant is charged with KRW 4,648,00 to the public company of the plaintiff corporation and KRW 2,707,266,70 to the plaintiff Asian Trust Co., Ltd.

Reasons

1. Details of ruling;

(a) Business name - Project name: Hanam-si Urban Development Project ( Zone 1 Urban Development Zone of Southern Area Project): Defendant - Project implementer: Defendant - Public notice of Gyeonggi-do’s announcement on December 31, 2012, No. 2012-457, and January 9, 2015-3;

B. The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on May 26, 2015 (hereinafter “instant ruling of expropriation”): The date of expropriation: Land listed in the table of land owned by the Plaintiff Co., Ltd. (hereinafter “instant land”) Nos. 1 (hereinafter “the date of expropriation”), and each land listed in the table Nos. 2 through 31 listed in the annexed table of land owned by the Plaintiff Co., Ltd. (hereinafter “instant land”), and the land listed in the annexed table Nos. 2 through 31 listed in the annexed table of land owned by the Plaintiff Co., Ltd. (hereinafter “instant land”): Compensation for losses (hereinafter “instant land”): ① the instant land 496,58,400 won; ② the aggregate of the instant land 51,245,204,90 won (hereinafter “adjudication of expropriation”).

C. The Central Land Tribunal rendered an objection on June 23, 2016 (hereinafter “instant objection”): Compensation for losses: ① the instant land KRW 520,478,400; and ② the instant land KRW 86,207,320,400 (hereinafter “appraisal of the objection”)

D. The appraiser A of this Court’s appraisal of the market price of the land (hereinafter “court appraisal”) - ① the land of this case (578,648,00 won (53,521,600 won) and ② the land of this case (2) the total amount of KRW 89,321,889,700 (a total of KRW 407,302,600) / No dispute over the ground for recognition / The appraiser A’s appraisal of the land of this case (including the number of pages), the market price appraisal of appraiser A, the result of appraiser A’s market price appraisal of the land of this case, and the purport of the entire pleadings as a whole.

2. The appraisal of acceptance of the intent of the plaintiffs' assertion and the appraisal of the objection are unlawful because it does not meet the criteria for fair compensation amount as prescribed by the relevant statutes.

Therefore, the defendant shall pay to the plaintiffs the remaining amount after deducting the appraised amount of an objection from the court appraisal amount, which is a legitimate amount of compensation for losses.

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