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(영문) 서울남부지방법원 2018.09.19 2017가단236736
손해배상(기)
Text

1. The Defendant: (a) against Plaintiff B, KRW 8,653,244, Plaintiff C, D, and E respectively; and (b) against each of the said money, KRW 5,768,830 and each of the said money on February 11, 2013.

Reasons

A. If the appraisal value of the object of repurchase is less than or equal to the “compensation paid” under Article 91(1) of the Public Works Act, it shall be calculated by deducting the said “compensation paid” from the said appraisal value by the land fluctuation rate of similar similar land unrelated to the pertinent project until the time. However, if the appraisal value exceeds the amount, it shall be calculated by deducting the said “compensation paid” (the appraised value at the time of loss of the right of repurchase - the appraisal value at the time of loss of the right of repurchase - the compensation paid x the inflation rate of land prices). In other words, the amount calculated by multiplying the said “compensation paid” by the land fluctuation rate of neighboring similar land at the time of loss of the right of repurchase (see

According to the above legal principles and the appraisal result of January 18, 2018 by the appraiser, the damages due to the loss of the right to repurchase by the deceased are as follows:

(B) Repurchase right holder compensation x 26,901,00 won 1.96501 52,860,734 won 177,876,876,000 won 25,959,734 won 26,901,000 * 0.96501 (1.96501-1). Therefore, the defendant is obligated to pay to the deceased the amount equivalent to the above 25,959,734 won x (25,959,734 won) per annum from the following day after the deceased's heir 8,653,244 won (i.e., 25,959,734 x 3/9), 305, 289, 295, 297, 297, 39, 297, 259, 297, 397, 297.1).

5. In conclusion, the plaintiffs' claims are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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