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(영문) 대구지방법원 2019.10.16 2019구합21216
보상금증액
Text

The defendant shall pay 17,740,060 won to the plaintiff and 12% per annum from August 23, 2019 to the day of complete payment.

Reasons

1. Details of ruling;

(a) Name of the project for the project for the redevelopment and rearrangement of housing: The public notice of the project for the redevelopment and rearrangement of housing (B) on May 13, 2008; C public notice of Daegu Metropolitan City on April 30, 2015; D public notice of Daegu Metropolitan City on September 30, 2015; E public notice of Daegu Metropolitan City on November 10, 2015; public notice of Daegu Metropolitan City on August 10, 2015; G public notice of Daegu Metropolitan City on August 10, 2016; H public notice of Daegu Metropolitan City on August 20, 2015; and I public notice of Daegu Metropolitan City on August 22, 2016; the Defendant:

B. Land to be expropriated and buildings to be expropriated by the local land expropriation committee of Daegu Metropolitan City on May 28, 2018: The commencement date of expropriation of KRW 1,219,424,120 in total ( KRW 45,735,60 in ground buildings, etc. of the instant land) and KRW 1,219,424,120 in Jung-gu, Daegu (hereinafter “instant land”) ( KRW 1,173,68,520 in total): June 30, 2018.

Compensation for an objection to the adjudication by the Central Land Expropriation Committee on January 24, 2019: K and L Co., Ltd.

D. As of May 28, 2018, the date of this Court’s commission of appraisal to the M appraiser’s office (hereinafter “the result of the court’s appraisal”), the adequate value of the instant land was assessed as KRW 1,202,63,840.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 3, 6, 7 (including each number; hereinafter the same shall apply), Eul's evidence 1, the court's appraisal result, the whole purport of pleading

2. Judgment on the plaintiff's claim

A. As to the Plaintiff’s assertion, compensation for losses recognized in the adjudication procedure on the instant land is excessively low in light of the present value of the instant land or the market price of other adjacent lands.

Therefore, the Defendant, as a legitimate compensation for losses, should pay to the Plaintiff KRW 17,740,060 (202,63,840 as compensation based on the court’s appraisal result - KRW 1,184,893,780 as compensation for losses incurred by delay.)

B. Determination 1-related legal principles in the court.

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