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(영문) 인천지방법원 2018.08.17 2017구합52041
손실보상금
Text

1. The defendant

A. Plaintiff B: KRW 5,650,000; KRW 5,800,00 to Plaintiff C; KRW 12,50,000 to Plaintiff D; and Plaintiff H. 3.

Reasons

1. Basic facts

(a) Business authorization and public notice - Business name: I Housing redevelopment and rearrangement project - Public notice of project implementation: The defendant on August 25, 201, the Bupyeong-gu Incheon Metropolitan City public notice J on October 20, 201, the Bupyeong-gu Incheon Metropolitan City public notice K on October 20, 201, and the Bupyeong-gu Incheon Metropolitan City public notice L-Project implementer on September 22, 2015;

B. The ruling of expropriation by the local Land Tribunal of Incheon Metropolitan City on October 25, 2016 - The object of expropriation and compensation for losses: The amount of land, obstacles and the amount of compensation for expropriation indicated in the separate sheet owned by the Plaintiffs are as stated in the column of “amount of compensation for expropriation”.

- Commencement date of expropriation: December 14, 2016

The Central Land Tribunal's ruling on an objection made on November 23, 2017 - Results of such ruling: The amount indicated in the attached Form "amount of compensation for the said ruling" shall be as stated.

Results of appraisal - The court appraisal - The amount of appraisal in attached Form 1 shall be as stated.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number), the result of the entrustment of appraisal to appraiser M, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiffs’ claim is based on the assessment of the value of the land and obstacles owned by the Plaintiffs so low that the Defendant is liable to pay damages for delay from December 15, 2015, which is the date following the date of commencement of expropriation, to the Plaintiffs as stated in the purport of the claim, which is the difference between the reasonable amount of compensation and the amount of compensation for objection.

(B) However, the plaintiffs excluded the amount of the court appraisal from the amount of compensation for obstacles, which is less than the amount of the compensation for the plaintiff E, F, G's land and obstacles, while modifying the purport and cause of the claim through the application for modification of the purport of the claim and cause of the claim in this case.

Judgment

1. In litigation concerning the increase or decrease of compensation for losses in the adoption of the appraisal results, each appraisal shall be made, if there is no reason to believe that both the appraisal results and the court appraisal results are illegal and there is no reason to believe that there is any particular error in the appraisal results.

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