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(영문) 서울고등법원 2017.05.12 2016누57740
손실보상금
Text

1. Of the judgment of the court of first instance, the Plaintiff A’s KRW 176,081,100 against the Defendant and its related thereto from July 25, 2014 to May 12, 2017.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) project approval and public notice - Urban planning facility project (H neighboring Park creation project; hereinafter referred to as “instant project”) - the public notice of Suwon-si on December 30, 2013 - the public notice of Suwon-si on May 8, 2014: Defendant

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on June 9, 2014 (hereinafter “the ruling of expropriation”): Each land indicated in the column for “subject matter to expropriation” in the attached Table 1 Compensation Table, which is owned by the plaintiffs (not including obstacles owned by the plaintiffs, but not indicated separately in the lawsuit in this case; hereinafter referred to as “each land in this case”): The starting date of expropriation: The compensation for losses on July 24, 2014 - the amount of compensation for losses indicated in the attached Table 1 compensation list.

C. The Central Land Tribunal made an objection on November 20, 2014 (hereinafter “the instant objection”) - The content of the adjudication is as indicated in the “amount of the objection” in the attached Table 1 compensation statement.

The result of entrustment to K of the appraisal by the court of first instance (hereinafter referred to as "appraisal by the court of first instance"): The details of appraisal: It shall be as shown in the "amount of appraisal by the court of first instance" in the attached Form 1 compensation statement.

E. Results of inquiry into K of the party-by-case appraiser - Contents of appraisal: The same shall apply to the statement in the column of "court appraisal amount per instance" in the annexed Form 1 compensation statement.

[Attachment 1.436 of the appraisal commission made by the court of the first instance to K of appraisal, the individual factors gap rate for the O land located in Suwon-si located in Suwon-si is not 1.436 but 1.350. Thus, the calculation unit price of the above O land is 580,317 won (the officially announced land price x 290,000 x 1.027 x 1.027 x regional factors difference rate 1.00 x 1.350 x 1.350 x 1.45 x 1.45 x 1.45 m2) which is calculated by applying the gap rate of individual factors to 1.350 m2,00 (the assessed unit price for the above O land x 580 m20 x 174 m2)].

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