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(영문) 대전지방법원 2020.07.02 2020구단100743
손실보상금 증액 청구의 소
Text

1. The defendant shall pay to the plaintiffs each amount of KRW 98,648,615 and each of the above amounts from March 12, 2019 to July 2, 2020.

Reasons

1. Details of ruling;

(a) project approval and public notice - C Housing Redevelopment and rearrangement project (hereinafter “instant project”) - D public notice of Seo-gu, Daejeon Metropolitan City on October 27, 2016 - Project implementer: Defendant

B. Adjudication on expropriation by the Land Tribunal of Daejeon Metropolitan City on January 25, 2019 - Objects to be expropriated: obstacles, including buildings with 550.1 square meters and 5-storys on the land located in the Daejeon-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, which were owned by the plaintiffs (1/2. each of the plaintiffs' shares; hereinafter "the land and obstacles of this case"): Compensation for losses: the land of this case (each of the plaintiffs was KRW 824,187,320), and the obstacles of this case (each of KRW 559,687,010 for the plaintiffs): the starting date of expropriation: March 11, 2019.

The Central Land Tribunal made an objection on October 24, 2019 (hereinafter “the instant objection”) - Compensation for losses: Land in this case (hereinafter collectively referred to as “the Plaintiff”) and the instant obstacles (hereinafter referred to as “the instant objection”): KRW 559,687,010, respectively, for the Plaintiff)

D. The result of the court’s entrustment of appraisal (hereinafter “court appraisal”) was assessed as KRW 1,316,671,250 on the portion of the building among the obstacles in this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including paper numbers), the result of the request for appraisal by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs seek payment of the difference between reasonable compensation for losses and compensation for losses arising from the appraisal by the court appraiser of the plaintiffs' assertion.

(Plaintiffs claimed an increase in compensation for losses only for the part of the building among the obstacles in the instant lawsuit. (B)

Judgment

In litigation concerning the increase or decrease of land expropriation compensation, each appraisal and each court appraiser's appraisal which form the basis of the adjudication on expropriation have no illegality in the evaluation methods, and in consideration of the remaining price factors except the comparison, there is a mutual opinion. However, the difference between the appraisal result and the comparison is somewhat different.

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