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(영문) 청주지방법원 2016.03.24 2015구합887
수용재결취소등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Project approval and public announcement of project name, such as the process of adjudication - Corporation B - Public announcement: The public announcement of Jincheon-gun on June 14, 2010 - Project operator D, etc. public announcement of Jincheon-gun on December 23, 2013 - Defendant Chungcheongbuk-do Land Expropriation Adjudication on November 18, 2014 (hereinafter “instant expropriation adjudication”): The object of expropriation compensation: The date of expropriation commencement (hereinafter “instant land”): The amount of compensation for losses on January 16, 2015 - The amount of compensation for each appraisal result (hereinafter “adjudication”) conducted by the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation (hereinafter “Appraisal”): the arithmetic average of 9,950,900 won, the Korea Land Appraisal Corporation’s adjudication on August 20, 2015

D. As a result of the court’s entrustment of appraisal - An appraiser: F.S. Appraisal Corporation (hereinafter “court appraiser”) - Compensation for losses: 9,966,00 won [based on recognition]; Gap evidence No. 1, Eul evidence No. 1-3 through 6; the court’s entrustment of appraisal to Sam Chang Chang Corporation Co., Ltd.; the purport of the entire pleadings; the Plaintiff’s assertion of the purport of the entire pleadings; and the Plaintiff’s assertion of the judgment was sold in KRW 105,963 per square meter of land adjacent to the instant land; the actual transaction price of the instant land reaches KRW 110,244 per square meter.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 33,293,688, which is a reasonable amount of compensation for losses for the instant land (=10,244 x 302 m2) and KRW 23,342,78, which is the difference between KRW 9,950,90 in the adjudication of expropriation and KRW 23,342,78.

Judgment

The burden of proving that the fair amount of compensation exceeds the amount of compensation stipulated in the adjudication of expropriation in a claim for the amount of compensation increase, is the plaintiff who asserts this.

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