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(영문) 청주지방법원 2015.11.19 2015구합11153
손실보상금
Text

1. The Defendant’s KRW 8,476,00 for the Plaintiff and KRW 5% per annum from December 20, 2014 to November 19, 2015.

Reasons

1. Details of ruling;

(a) Business Recognition and Public Notice - Business Name B development project (hereinafter referred to as “instant project”): A: A public notice on April 15, 201; and C, etc. - Business Operator: Defendant

(b) The adjudication of expropriation made on October 21, 2014 by the Chungcheongbuk-do Regional Land Tribunal on expropriation - Objects subject to expropriation: D previous 4,238 square meters (hereinafter “instant land”) and plastic houses, etc. on the ground thereof (hereinafter “instant obstacles”): Compensation for expropriation: 762,840,00 won for the instant land; 48,860,000 won for the instant obstacles; and compensation for the instant obstacles - From expropriation commencement date: Certified Public Appraisal Corporation and Korea Appraisal Institute: December 19, 2014;

(c) Adjudication by the Central Land Tribunal on May 21, 2015 - Contents of adjudication: The fact that there is no dispute over dismissal [based on recognition], Gap evidence 1 through 3, Eul evidence 1-1 through 4, and the purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion, adjudication to accept the claim and compensation for the instant land and obstacles, which were stipulated by the said adjudication, were excessively underassessment because they failed to properly apply the comparative standard, individual factors, and other factors. Thus, the Defendant shall pay the Plaintiff the difference between the compensation reasonably determined in the appraisal by the court appraiser and the compensation determined in the appraisal by the court appraiser.

(b) as shown in the attached Form of the relevant statutes;

C. In a lawsuit involving an increase or decrease of one compensation, each appraisal by each appraisal agency and each court appraiser’s appraisal by the appraisal method, which are the basis of the adjudication on expropriation, have no illegality in the appraisal method, and the remaining appraisal factors except for the individual assessment factors, are identical with each other, but where there is a difference in the appraisal result due to a somewhat different difference in the appraisal results, one of them is among each appraisal, unless there is any evidence to prove that there is an error in the content of the individual assessment comparison.

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