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(영문) 수원지방법원 2014.06.12 2012구합13772
보상금증액
Text

1. The Defendant’s KRW 82,277,100 for the Plaintiff and KRW 5% per annum from May 31, 2012 to June 12, 2014.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing Project (BB district) (hereinafter referred to as the “instant project”);

- Notice: C publicly announced by the Ministry of Land, Transport and Maritime Affairs on June 3, 2009 - Project operator: Defendant

(b) The Central Land Tribunal’s ruling on expropriation on April 6, 2012 - Compensation for business compensation of D “gallon E” located in Hanam-si and for the above land-ground obstacles (125 items, including 1,102 gallon E, 40 gallons, 65 galary products, 65 gratory products, 6, 720 grars, 6,720 grars, and hereinafter referred to as “instant obstacles”): The date of expropriation: - Compensation for business compensation on May 30, 2012 - Compensation for losses: 27,496,030 won, and transfer expenses for the instant obstacles: 223,382,830 - An appraisal corporation, two appraisal corporations, and two appraisal corporations:

(c) The Central Land Tribunal’s ruling on September 14, 2012 - Contents: Each increase of business compensation to KRW 28,250,000 and the transfer cost of the obstacles of this case to KRW 235,359,100, respectively - An appraisal corporation: Samsung Appraisal Corporation, Samsung C&T Corporation, and Korea C&T Appraisal Corporation;

D. As to the land of this case, the result of the court's entrustment to the appraiser F by the appraiser F by the court for appraisal (hereinafter " appraiser F", the result of the appraisal is "court appraisal": - Compensation: The transfer cost of the obstacles of this case is assessed as KRW 317,636,200 [based]; there is no dispute over the transfer cost of the obstacles of this case; evidence No. 1-2-1 and 2; the result of the court's entrustment to the appraiser F by the appraiser of this case; the purport of

2. The assertion and judgment

A. The Plaintiff’s assertion is unfair because the compensation determined by the instant ruling on the basis of high-priced art works falls short of reasonable compensation for losses. The court’s appraisal adopted the amount less than the estimated amount among the two enterprises selected by the court’s appraiser and calculated at a discount rate of 30% unilaterally after adopting the amount less than the estimated amount.

Therefore, the reasonable amount of compensation for the obstacles of this case is two selected by the court appraiser.

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