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(영문) 부산지방법원 2015.04.03 2013구합4522
수용재결 보상금등
Text

1. The Defendant paid KRW 67,013,250 to the Plaintiff KRW 5% per annum from January 20, 2014 to April 3, 2015.

Reasons

1. Basic facts

(a) Outline of the project - Type of the urban planning facility project (supply facility for water): Project name - Project implementer: The Corporation for Entry into facilities for B industrial complex - The Busan Metropolitan City Mayor Mayor - Public notice of an implementation plan: C-Public notice of the approval of an implementation plan on November 7, 2012: D- Public notice of the Busan Metropolitan City public notice of April 3, 2013 (revision): The public notice of the approval of an implementation plan on June 5, 2013;

(b) The Central Land Tribunal’s ruling of expropriation on November 21, 2013 - The date of expropriation: The compensation for losses - the compensation for losses for 2,985 square meters of forest land in Busan-gun, Busan-gun (hereinafter “instant real estate”): 427,004,250 square meters (the average amount of the appraisal results of the Japanese appraisal corporation and the results of the central appraisal appraisal corporation) owned by the Plaintiff - The Defendant deposited the said compensation for losses with the Busan District Court No. 61 on January 10, 2014 [based on recognition]] without any dispute, the fact that the Defendant deposited the said compensation for losses with the Busan District Court No. 61 on January 10, 2014 [the grounds for recognition], Gap’s 1,2,3,6 evidence, Eul’s 1 through 12 evidence (including each number number in each case), the purport of the entire pleadings, as well as the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. Since the instant compensation recognized by the Plaintiff’s argument is too small, the Defendant, who is the project implementer, shall additionally pay the difference with the reasonable compensation to the Plaintiff.

B. According to the result of the appraisal commission to the appraiser G of this court (hereinafter “court appraisal”), the appraiser of the court shall be based on the land price as of the most adjacent date of public notice prior to the date of authorization of the implementation plan for the instant real estate. However, considering the land price rate, the rate of increase in the market price, and other matters pursuant to the relevant statutes from the basic date to the date of public notice of authorization of the implementation plan for the instant real estate, the compensation was calculated as KRW 494,017,500, considering the location of the instant real estate, surrounding environment, the appraisal example of neighboring similar land, and transaction cases, etc. as a whole.

The compensation.

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