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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Details of ruling;
(a) Project approval and public announcement - Project name: I (hereinafter referred to as "public works in this case"): Notice of Sejong Special Self-Governing City (Notice J. 2, 2013) - Project implementer: Defendant;
(b) Sejong Special Self-Governing City Special Self-Governing City: Adjudication on expropriation on May 12, 2015 - Persons subject to expropriation: Attached Form;
1. The list of “land subject to expropriation” refers to each land indicated in the list (hereinafter “each land of this case”) - The starting date of expropriation: July 1, 2015.
The Central Land Tribunal's ruling on objection on October 22, 2015 (hereinafter referred to as "decision on objection of this case") - Details of the adjudication: Attached Form on the increase of compensation for losses.
1. As stated in the list “compensation for an objection” column
(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 3 (if available, including branch numbers; hereinafter the same shall apply)
each entry, the purport of the whole pleading
2. The parties' assertion
A. The Plaintiffs’ assertion 1) As to the determination of reasonable amount of compensation under the instant objection, Article 67(2) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 13796, Jan. 19, 2016; hereinafter “Land Compensation Act”) provides that only the price fluctuation in land, etc. due to the relevant public works should be considered. As such, the price fluctuation in each of the instant land arising from the development projects implemented in the vicinity of the instant public works project should be considered.
However, the result of the commission of appraisal by the appraiser K of the first instance court (hereinafter “the first court appraiser”) (hereinafter “the first court appraisal”) did not reflect the normal increase in land prices of each of the instant lands due to a large-scale development project unrelated to the instant public works.
On the other hand, the result of the entrustment of appraisal to the appraiser L of the first instance court (hereinafter “the second court appraiser”) (hereinafter “the second court appraisal”) is equal to the normal increase in land price of each of the instant lands.