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(영문) 수원지방법원 2018.06.20 2017구합66245
손실보상금
Text

1. The Defendant: (a) KRW 24,978,929; and (b) KRW 17,144,058 to Plaintiff B; and (c) respectively, from February 10, 2017 to June 1, 2018.

Reasons

1. Details, etc. of ruling;

(a) Business name: An outline of the business - A general industrial complex development project in Ansan-si (C) - A project implementer: Defendant - A public notice of approval of an industrial complex plan: A public notice of Ansan-si on July 27, 2016, and public notice of Ansan-si on October 13, 2016;

B. The ruling of expropriation by the local Land Tribunal of Gyeonggi-do on December 26, 2016 - Land and obstacles (including trees) owned by the Plaintiffs in the above project zone - Compensation amount: Each compensation amount for losses for trees listed in the separate sheet No. 1 owned by the Plaintiffs (hereinafter “instant trees”) from among the details of compensation for losses to the Plaintiffs is as follows:

- Commencement date of expropriation: February 9, 2017

The result of the appraisal of the appraiser F of the instant trees of the Suwon District Court 2017Kagman1003 (hereinafter “the result of the appraisal for the preservation of evidence”) - The result of the appraisal for the preservation of evidence is as follows. D.

The result of the expert G’s appraisal of the instant trees of this Court (hereinafter “court appraisal”) - The result of the court appraisal is as follows:

Plaintiff

As a result of the court appraisal of the amount of compensation for expropriation, A 171,00,00 won A 307,392,518 won B 27,675,00 won B 195,978,929 won B 27,675,00 won [based] 46,105,515 won [based] 44,819,058 won as a result of the appraisal of the court appraisal of the amount of compensation for expropriation, Gap 1 through 4, and Eul 1 through 7 (including each number number), the appraisal result of appraiser G, the purport of the whole pleadings.

2. Judgment on the plaintiffs' assertion

A. The amount of compensation for losses for the trees of this case, which was determined by the decision to accept the plaintiffs' assertion, shall be underassessment without reflecting the unique characteristics of the appraisal of trees, such as the possibility of transplantation of trees, the method of transplantation, and the rate of high loss.

Therefore, the defendant has the result of the preservation of evidence or the court appraisal that reflects the above characteristics of the tree appraisal.

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