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(영문) 서울고등법원 2018.09.21 2018누35645
손실보상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: Urban environment rearrangement project in Zone C (hereinafter referred to as “instant project”);

2) Public announcement of authorization for project implementation: The defendant

B. On November 27, 2015, the date of expropriation by the local Land Tribunal of Seoul Special Metropolitan City: 1 December 31, 2015, the date of expropriation: The land indicated in the annexed sheet of land (hereinafter “instant land”) and the land indicated in the annexed sheet of obstacles (hereinafter “instant obstacles”): 3 compensation: 5,98,721,800 won for the instant land; 273,536,90 won for the instant obstacles; 6,262,258,700 won for the instant obstacles;

(c) Compensation money: The Central Land Expropriation Committee’s ruling on July 21, 2016 (1): The land in this case 6,058,565,270 won 2) dismissed an objection raised against the obstacles in this case;

D. Each appraisal result of the first instance trial E and L (hereinafter “court appraisal result”) refers only to the appraiser E; “court appraiser” refers to only the appraisal result of appraiser E; in the case of appraiser L’s appraisal result, “the result of the court appraisal on the obstacles of this case” is “the result of the court appraisal on the obstacles of this case”; in the case of appraiser E and L’s appraisal result, the compensation for the land of this case is 6,213,897,600 won: 2) compensation for the obstacles of this case: 157,01,928 won (based on recognition); 2,3, and 400 won (based on recognition); each statement on evidence of this case; each court appraisal result; and the purport of the entire arguments as a whole.

2. The assertion and judgment

A. 1) The Plaintiff’s claim for compensation for losses for the instant land is based on the court’s appraisal based on the summary of the Plaintiff’s claim. On the grounds delineated below, the compensation for losses was remarkably low compared with the market price of the instant land.

Therefore, the defendant is liable to pay the plaintiff the remaining money after deducting the compensation for losses as a result of the appraisal of the objection from the reasonable compensation for losses.

(1) The unlawful court appraiser in the selection of comparative standard land is “Seoul Central District FF land.”

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