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(영문) 수원지방법원 2017.08.29 2016구합70780
손실보상금
Text

1. The Defendant’s KRW 83,802,00 for the Plaintiff and 5% per annum from June 10, 2016 to August 29, 2017.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: C Urban Development Project name (Ij): Defendant: D public notice of Gyeonggi-do on April 2, 2010, E publicly notice of king on April 9, 2013, G public notice of Gyeonggi-do on March 28, 2012, and G public notice of Gyeonggi-do on April 10, 2014;

B. The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on April 25, 2016 - The subject of expropriation: HJ large 846 square meters, I preceding 1,144 square meters (hereinafter “each land of this case”) owned by the Plaintiff, and the surface obstacles of each of the above land - The date of expropriation: June 9, 2016 - Compensation for losses for each of the land of this case on June 9, 2016 - Total amounting to KRW 1,974,945,000: Vice Governor among the appraisal corporations of the appraisal corporation of the land of this case and vice governor of the Gyeonggi-do Land Appraisal Corporation (hereinafter “appraisal of expropriation”).

(c) The Central Land Tribunal’s ruling on January 19, 2017 - Details of the ruling: 2,004,118,000 won in aggregate of compensation for losses for each of the instant land - An appraisal corporation: the central appraisal corporation and the Japanese appraisal corporation (hereinafter “appraisal on objection”)

C. Results of the appraisal commission made by the appraiser J on April 26, 2017 - Contents of appraisal: Total sum of the compensation for losses for each of the instant lands (where the status of use of 69 square meters out of H land is assessed as a road; and where the status of use of 81 square meters out of the said land as a ditch is assessed as a ditch) or 2,287,870,000 won (where the status of the entire H area is assessed as a site) (hereinafter “court appraisal”) (hereinafter “based on recognition”), there is no dispute over the fact that there is no dispute (where the current status of the H area is assessed as a site”), Gap evidence 3, Eul evidence 1 through 4, and the result of the appraisal commission made by the appraiser J on April 26, 2017, the purport of the entire pleadings as a result of the appraisal commission made by the appraiser J on April 26,

2. Judgment on the Defendant’s defense prior to the merits

A. The original written adjudication of acceptance of the Plaintiff on April 25, 2016 (hereinafter “instant written adjudication of acceptance”) of the Defendant’s assertion by the local Land Tribunal of Gyeonggi-do is the Plaintiff on July 19, 2016 by means of public notice.

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