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(영문) 의정부지방법원 2018.11.01 2017구합11287
손실보상금
Text

1. The Defendant: (a) KRW 22,035,160, Plaintiff D and E respectively; and (b) KRW 4,650,000, respectively, to Plaintiff A and Plaintiff B and C.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project approval and public notice - K Housing Redevelopment and rearrangement project (hereinafter referred to as “instant project”): The defendant, publicly notified L/, Sept. 11, 2013, as notified by the Government on Sept. 11, 2013, and Ma, as notified by the Government on Oct. 14, 2016 - Project implementer:

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on February 27, 2017 (hereinafter “instant adjudication”) - Subject to confinement: as indicated in the column for “subject to confinement” in the attached Table [Attachment].

(The sum of all land to be expropriated and obstacles (hereinafter referred to as "each land and obstacles of this case") - Compensation for losses: The same shall apply to the statement in the column of "amount of adjudication" in the attached Table.

- The date of commencement of expropriation: - An appraisal corporation: The NBA and the Dispute Resolution Bank Co., Ltd. (hereinafter referred to as "adjudication") shall assess the results of appraisal.

C. The appraisal result of this Court (hereinafter “court appraisal”) - The appraisal value: The appraisal value is as indicated in the column of “court appraisal amount” in the attached Table [Attachment].

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the appraiser P's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) The reasonable compensation for the land and obstacles of this case is the amount determined by the court's appraisal. Thus, the defendant is obligated to pay the plaintiffs the difference between the above amount and the amount determined by the appraisal of the compensation for losses, and the compensation for losses incurred therefrom. The plaintiff A filed a claim for compensation for the damages for some obstacles (a list of obstacles attached to the preparation of the court's appraiser) destroyed after the expropriation ruling. The plaintiff D and E filed a claim for compensation for damages for obstacles (a list 93-102) destroyed after the expropriation ruling. The plaintiff H withdrawn the lawsuit on the claim for compensation for losses for Qlaundry's business, for Qlaundry's house and fixtures, for internal facilities, for Qlaundry's house and fixtures, for Qlaundry's house and fixtures, and for the claim for damages for obstacles to signboards. Meanwhile, the plaintiff D, E, H, I, and J (hereinafter "Plaintiff D et al.") filed a request for adjudication against the defendant.

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