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(영문) 부산지방법원 2021.02.04 2020구합21150
손실보상금증액청구의 소
Text

1. The defendant's KRW 41,806,970 for the plaintiff and 5% per annum from March 21, 2020 to February 4, 2021.

Reasons

1. Facts of recognition;

A. The Defendant was a project implementer of the Seo-gu Busan Metropolitan City Residential Environment Improvement Project (D Construction Project; hereinafter “instant project”) in Seo-gu, Busan Metropolitan City, and was publicly notified as E on May 30, 2018.

B. Within the instant project zone, there were obstacles to land, housing, etc. owned by the Plaintiff, as shown in the attached Form “List and Compensation Details” (hereinafter “instant real estate”), and there was no registration on the relevant housing.

(c)

The Defendant applied for the expropriation of the instant real estate to Busan Metropolitan City Local Land Expropriation Committee.

On December 9, 2019, the above confinement committee accepted the above real estate as of February 3, 2020 with the commencement date of expropriation as of February 3, 2020, and made a ruling to calculate the amount of compensation, as stated in the column of "compensation for expropriation" in the attached list and detailed statement of compensation in the average of the amounts appraised by two appraisal business operators, such as appraisal business operator F. The appraisal business operator F., etc. (hereinafter referred to as "an adjudication to expropriate in this case").

On January 19, 2020, the Defendant deposited KRW 20,549,750 of the compensation for losses to the real property of this case by making it impossible to identify the owner of the obstacles among the real property of this case as the Busan District Court Seo Branch No. 2020, Jan. 19, 2020. On the same day, the Defendant deposited KRW 7,237,530 of the compensation for losses to the land of this case by making the deposited person as the Plaintiff under the above court No. 210 of 2020.

E. Meanwhile, according to the G appraiser’s request for appraisal by this court, the G appraiser’s office and the H company assessed the reasonable market price of the instant real estate in the same manner as indicated in the “G appraiser’s office’s appraised value” and the “H appraised value” column in attached Form 3.

[Ground of recognition] A without dispute, Gap 1, 2, and 3 evidence, Gap 4-1, 2, and 3 evidence, Eul 3 evidence, and the result of each commission of appraisal to Gap 1, 2, and 3 and Eul H as a whole.

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