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(영문) 수원지방법원 2016.03.30 2015구합69172
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Free Economic Zone Development Project (B) - Public notice of the Ministry of Trade, Industry and Energy on September 3, 2013 - Project operator C: Defendant and Pyeongtaek Urban Corporation;

(b) The Central Land Tribunal’s ruling of expropriation on November 20, 2014 - Subject to expropriation: Gyeonggi-do (hereinafter collectively referred to as “each of the instant lands,” collectively referred to as “each of the instant lands,” which is owned by the Plaintiff), - The expropriation commencement date: December 22, 2014: 292,108,000 won (total compensation for D land: 163,461,00 won, and compensation for E land: 128,647,000 won: D land: D land appraisal corporations and joint appraisal corporations.

C. The Central Land Tribunal’s ruling on August 20, 2015 - Compensation for losses: Total amounting to 298,914,400 won (29,800 won for D land, and compensation amounting to 131,64,600 won for E land) - An appraisal corporation: An appraisal corporation: a light-based appraisal corporation; a Sam Chang Chang-il appraisal corporation (hereinafter “adjudication appraiser”); (hereinafter “adjudication appraiser”); and (c) did not have any dispute as to the result of the appraisal; (d) the fact that there was no ground for recognition; (e) evidence Nos. 1, 2, and 3; (e) evidence Nos. 1, 3; (e) evidence Nos. 1, 2-1, and 2-2; and (e) the purport of the entire pleadings; and (e

2. The assertion and judgment

A. In comparing the individual factors of each of the lands of this case, the Plaintiff’s assertion and appraisal is deemed equal even though both the conditions of access and the conditions of catching are superior to those of the comparative standards, and the Plaintiff’s assertion and appraisal did not properly reflect the neighboring market price while revising other factors.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 10,209,124,00, which is the reasonable compensation based on the court’s appraisal result, and the amount of KRW 298,914,400, which is the difference between the amount of KRW 10,209,60 (=309,124,000 – 298,914,400) and the amount of delay damages.

B. Each of the instant lands, such as the current status of each of the instant lands, is parallel to the three-dimensionals located near the north of the branch of the G Elementary School located in Pyeongtaek-si in Gyeonggi-do.

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