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(영문) 부산지방법원 2017.10.27 2016구합3063
이주정착금 등
Text

1. The Defendant shall pay KRW 5,561,150 to the Plaintiff the annual rate of KRW 15% from September 13, 2017 to the date of complete payment.

Reasons

1. Details of the disposition;

(a) Project approval and announcement 1): B Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”);

2) Project implementer: Publication of project implementation authorization for Defendant 3: Notification C of Seo-gu Busan Metropolitan City on January 9, 2013

(b) The date of expropriation on June 20, 2016 of the Busan Metropolitan City Regional Land Tribunal’s ruling of expropriation (1) on expropriation: August 12, 2016: D-59 square meters (hereinafter “instant land”) in Seo-gu, Busan (hereinafter “instant land”) and compensation for its obstacles: 100,897,800 won (land 60,463,200 won and obstacles thereto) and 40,434,600 won: Telecommunications appraisal corporations, and Scenic appraisal corporations, Inc.

(c) Compensation money: 108,732,450 won (land 63,619,700 won and obstacles 45,112,750 won) (land 63,619,700 won and obstacles 45,112,750 won): An appraisal corporation, a stock company, and an ordinary appraisal corporation;

(d) Compensation 14,293,600 won (land67,195,100 won and obstacles 47,098,500 won) as a result of appraiser E’s appraisal (hereinafter the above appraiser’s appraisal) 1: 114,293,600 won (land 67,195,100 won and obstacles 47,098,50 won); 13, 2-13, 2-13, 1, 2-2, 5, 6 (including each number; hereinafter the same shall apply);

each entry, the result of the appraisal commission to appraiser E of this court, the purport of the entire pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion court appraiser was selected as a comparative standard for the land of this case in Busan, Seo-gu, which is not similar to the land of this case, despite the existence of the reference land within the same specific-use area within the pertinent business area. Accordingly, the result of the court appraisal is unfair. The Defendant should pay the Plaintiff at least 30,000 won as the reasonable compensation, and the Plaintiff should pay at least 5,561,150 won as part of the claim.

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