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(영문) 대구지방법원 2019.06.19 2018구합25846
수용재결취소등
Text

1. The defendant's KRW 1,043,300 to the plaintiff A, KRW 1,696,860 to the plaintiff B, and KRW 1,014,50 to the plaintiff C, and each of them.

Reasons

1. Details, etc. of ruling;

(a) Project name and public announcement of project approval: A project approval for an urban development project (D urban development project): The defendant;

B. Persons subject to expropriation on May 31, 2018 by the local Land Tribunal of Gyeongbuk-do: as indicated in the column for “subject to expropriation” in the attached Table.

(hereinafter collectively referred to as "each of the obstacles in this case"). - Plaintiff A: Total sum of KRW 132,771,100 - Plaintiff B: Total of KRW 58,774,620 - Plaintiff C: Total of KRW 39,219,50: The date of commencement of expropriation on July 20, 2018: Appraisal Board: F and Stock Company G

(c) Results of adjudication by the Central Land Tribunal on November 22, 2018: H and I stock companies: H and I

D. According to the result of the court’s entrustment to the JAppraisal Office (hereinafter “Court’s appraisal result”), adequate compensation for each obstacle of this case is KRW 133,814,400 in the case of Plaintiff A, totaling KRW 60,471,480 in the case of Plaintiff B, and KRW 40,234,00 in the case of Plaintiff C as of May 31, 2018.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 8 through 12, court's appraisal result, whole purport of pleading

2. Determination on the plaintiffs' claims

A. Since the plaintiffs' compensation for losses recognized in the adjudication procedure for each of the obstacles of this case was excessively low and unfair, the defendant should pay additional compensation for losses to the plaintiffs in addition to the compensation for losses recognized in the above procedure.

B. 1) The appraisal results submitted by an appraiser at the commission of the court through the appraisal process based on professional knowledge and experience are significant errors in the process.

If the other party does not submit objective data that could detect its credibility, it can be available in the course of appraisal, etc.

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