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(영문) 인천지방법원 2019.05.24 2017구합52119
손실보상금
Text

1. The Defendant: (a) KRW 27,400,00 for Plaintiff A; and (b) KRW 17,450,00 for Plaintiff B; and (c) for each of them, from December 15, 2016 to March 2019.

Reasons

Facts of recognition

(a) Business authorization and public announcement - Business title: C Housing redevelopment and rearrangement project - Public announcement of project implementation authorization: D public announcement of Bupyeong-gu Incheon Metropolitan City ( August 25, 201), E ( October 20, 2014), F ( September 22, 2015): Defendant;

B. Adjudication on expropriation by October 25, 2016 of the Incheon Metropolitan City Regional Land Tribunal - Objects subject to expropriation: Each relevant obstacles indicated in the column for “object subject to expropriation” in attached Table - Compensation for losses (hereinafter “object subject to expropriation”): Each relevant amount indicated in the column for “compensation for expropriation” in attached Table - Date of commencement of expropriation: December 14, 2016.

The Central Land Tribunal's ruling on objection on November 23, 2017 (hereinafter referred to as the "adjudication on objection of this case") - Compensation for losses: The amount corresponding to each item in the column for "compensation for objection" in the attached Table.

D. The court's appraisal results - Compensation for losses - The amount corresponding to the amount stated in the "court appraisal result" in the attached Table 1: The facts that there is no dispute about the amount corresponding to Gap's items 1, 2, and 1, 3, and 4; Gap's items 1, 3, and 4; the result of the commission of appraisal to G Co., Ltd. and the result of fact inquiry; the assertion of the purport of the entire pleadings; and the compensation determined by the judgment of this case alleged by the plaintiffs' assertion cannot affect the legitimate compensation for the subject matter of this case owned by the plaintiffs. The defendant is obligated to pay to the plaintiffs the difference between the compensation based on the court's appraisal result

Judgment

Since an appraisal requires special knowledge and experience in order to determine certain matters, it is nothing more than the use of such knowledge and experience as a supplementary means for the determination. Thus, in a lawsuit on the increase or decrease of compensation, there are several different appraisals that conflict with the same facts, and any one of them is found to have errors, the court shall either of them.

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