logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.12 2013구합3802
손실보상금
Text

1. The Defendant’s KRW 19,086,00 for the Plaintiff and the following: 5% per annum from January 10, 2013 to April 28, 2015.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business authorization and public notice - Private Investment Project: - Public notice on March 21, 201 - B, and C on August 12, 2011, published by the Ministry of Land, Transport and Maritime Affairs; Defendant

B. The Central Land Tribunal’s ruling of expropriation on November 16, 2012 - The subject of expropriation: D large scale 38 square meters (hereinafter “D land”) and E large scale 129 square meters (hereinafter “E land”), owned by the Plaintiff: Total sum of 171,440,400 square meters (i.e., D land: KRW 38,338,200; ② E land: KRW 133,102,200): The starting date of expropriation: January 9, 2013.

The Central Land Tribunal made an objection on March 22, 2013 - Contents of the adjudication: (i) increased the compensation for the expropriation of each of the instant lands to KRW 173,99,300 ( KRW 38,923,400 ( KRW 38,923,400 in case of D land, ② E land: KRW 135,075,90 in case of E land), and (ii) rejected the Plaintiff’s assertion that purchase of a F large of 321 square meters and G large of 190 square meters (hereinafter “the remaining land of this case”), which is the remaining land, or compensation for a decline in its value.

The appraisal results of this court's entrustment of appraiser H (hereinafter referred to as "court appraisal results"): The appraiser selected 1,458 square meters per the same as the appraisal of each of the lands of this case as the comparative standard for the appraisal of each of the lands of this case, and assessed 17,397,900 won (1. D land: 39,793,600 won; 2. E land: 137,604,300 won) through comparison of the time adjustment and regional factors, individual factors, and other factors.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers), the result of the appraisal commission to appraiser H by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The amount of compensation for losses on each of the instant lands alleged by the Plaintiff is excessively underassessment because it did not properly reflect the actual state of land utilization.

arrow