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(영문) 수원지방법원 2014.08.21 2013구합2533
손실보상금증액등
Text

1. The Defendant: 12,962,690 won to Plaintiff A; 11,335,950 won to Plaintiff B; and 3,680,600 won to Plaintiff C; and each of them.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Private investment facility business (D; hereinafter referred to as “instant business”): Public notice E, the Ministry of Land, Transport and Maritime Affairs published on March 25, 201, and the F, the same notice on May 12, 201, and the same notice on January 16, 2012, G project operator: Defendant and E, Inc.

B. Determination of expropriation by the Central Land Tribunal on January 18, 2013 - Object of expropriation: Attached Table 1 (hereinafter referred to as "land owned by the plaintiffs in this case"; when individually referred to, "land expropriated" according to the lot number; and the same shall apply to entry of the obstacles owned by the plaintiffs A and C in the column.

- Contents of the adjudication ① The land listed in the separate sheet No. 2 of the Plaintiff A and B (hereinafter referred to as “each remaining land of this case”) and individually named, the claim for compensation for losses due to the decline in the value of the remaining land of this case depending on the lot number (hereinafter referred to as “the remaining land of this case”) ② The compensation for each land of this case and obstacles: The amount of compensation indicated in the column for the expropriation ruling in the separate sheet No. 1.

- An appraisal corporation: - An appraisal corporation on February 18, 2013 - An appraisal corporation: Each entry into the appraisal corporation of the State and the Korea Appraisal Board (hereinafter referred to as the “appraisaler for a ruling,” and the result of the appraisal [based on recognition] of the absence of dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 1 and 2 evidence (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The adjudication and appraisal on each of the land expropriated and obstacles in the instant case’s assertion is based on the excessive amount of compensation due to their misstatements, etc. while the court’s entrustment of appraisal with the appraiser H (hereinafter “court appraisal”), and the appraiser is “court appraiser”.

The compensation calculated according to this falls under a reasonable amount of compensation, and the defendant is determined in a reasonable compensation and ruling to the plaintiffs.

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