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(영문) 대구지방법원 2019.02.13 2018구합22724
손실보상금
Text

1. The part concerning the claim for compensation for the remaining land among the instant lawsuit is dismissed.

2. The defendant shall pay to the plaintiff KRW 2,944,050.

Reasons

1. Details, etc. of ruling;

(a) Project approval and announcement of project approval - Project name: Urban planning facility project (B road construction project) - Public announcement of project approval: D public announcement of Daegu Metropolitan City Month on May 30, 2017 - Project operator: Defendant;

B. Decision on expropriation made on November 27, 2017 by the Regional Land Expropriation Committee of Daegu Metropolitan City - The land of this case and housing located in the land of 57 square meters in Seo-dong, Daegu-dong (hereinafter “Edong”) subject to expropriation (hereinafter “instant land”) and 158 square meters in G site (hereinafter “the instant housing”) (hereinafter “refinite”) and tin trees (hereinafter “refinites”) - The expropriation adjudication made on expropriation compensation: Total sum of 155,861,640 won (see the table below) - The expropriation commencement date: H and I Co., Ltd.

(c) The Central Land Tribunal’s ruling on May 24, 2018 - Compensation for an objection: Total of 156,93,240 won (see the table below) - An appraisal corporation: J. and K.

D. As a result of the court appraisal entrustment to L Co., Ltd. (hereinafter “court appraiser”), as of November 27, 2017, the court appraiser presented the opinion that ① assess the appropriate price of the instant site as of November 27, 2017, as indicated below, as of November 27, 2017, the date of the court appraisal, and ② the obstacles were already removed from construction works under the instant project, and they cannot be appraised.

The amount of compensation for separate expropriation adjudication (Ⅱ) difference ( ②) between the court’s appraisal result ( ②) and the amount of compensation for the instant land 138,028,350 139,09,950 142,04,000 2,944,050 m2,94,050 m2,944,050 m24.4 m2,539,960 m293,30 - 293,30 m293,30 293,330 17,833,290 m290 15,861,640 156,93,240 ,42,04,00 - The purport of the entire pleadings is that there is no dispute with the court’s appraisal result (unit) / 293,30 m293,330 m293

2. The summary of the Plaintiff’s claim is 80 million won as part of the reasonable compensation for losses for the following reasons.

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