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(영문) 수원지방법원 2017.09.26 2016구합67708
손실보상금
Text

1. The Defendant: (a) KRW 137,295,680 for Plaintiff A; and (b) KRW 312,451,650 for Defendant B; and (c) for each of the said money, January 13, 2016 for Defendant B.

Reasons

1. Details of ruling;

(a) Business approval and publication - Business name: Public housing project (C) - Public housing project: D publicly notified by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010 - Project operator: Defendant;

(b) The Central Land Tribunal’s ruling on expropriation by November 19, 2015 - Land subject to expropriation by the Central Land Tribunal: The land listed in the separate sheet (hereinafter “instant land”) and among them, the Plaintiff’s share in A, “Plaintiff A’s share,” and Plaintiff B’s share in Plaintiff B’s ownership: The starting date of expropriation: January 12, 2016 - Compensation: Plaintiff A1,56,250,750, Plaintiff B3,564,407,00 - The land appraisal corporation: the Vice Minister of the Korea Land Tribunal, the Korea Land Appraisal and Assessment Corporation, and the Korea Land Appraisal and Assessment Corporation, the Korea Land Appraisal and Assessment Corporation (hereinafter “Appraisal of Expropriation”).

(c) The Central Land Tribunal’s ruling on August 25, 2016 - Details of the ruling: 1,590,025,370 won totaling the compensation for losses for Plaintiff A’s shares and the total amount of compensation for losses for Plaintiff B’s shares increases to KRW 3,618,512,330, respectively - An appraisal corporation: the Japanese Appraisal Corporation and the Pacific Appraisal Corporation, the Vice Governor (hereinafter “Objection Ruling”).

(d) Appraisal E’s market value appraisal - Contents of appraisal: Each appraisal [based on recognition] of KRW 1,693,831,250 in total for the Plaintiff’s portion of KRW 1,727,321,050 (an appraisal based on the current status claimed by the Plaintiff) or of KRW 3,854,749,320 in total for the Plaintiff’s portion of KRW 3,930,963,980 (an appraisal based on the current status as alleged by the Plaintiff) or 3,930,963,980 in total for the Plaintiff’s portion of KRW 1,693,831,250 in total for the Plaintiff’s portion of KRW 1,69,831,250 (an appraisal based on the expropriation ruling and objection ruling) or for the Plaintiff’s portion of KRW 1,727,321,050 in total; the purport of

2. Determination

A. The plaintiffs' assertion, appraisal of acceptance and objection appraisal are not reflected in the market price of the land in this case, and they are unfair by evaluating them low. In particular, the appraisal of acceptance and objection appraisal are made in this case.

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