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(영문) 서울고등법원 2018.09.07 2018누34352
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Details of ruling;

(a) project approval and public notice - Urban Development Project (I; hereinafter “instant Project”) - Project implementer J, etc. of Gyeonggi-do on April 2, 2010 - Project implementer: Defendant

(b) The date of adjudication on expropriation by the Central Land Tribunal - The date of adjudication on expropriation: April 25, 2016 - The date of commencement of expropriation: The land listed in paragraph (3) of the attached Table 1 list (hereinafter “instant land”): The amount indicated in the column for “adjudication on expropriation” in paragraph (3) of the attached Table 1 list;

(c) The date the Central Land Tribunal adjudicates on an objection - The date of ruling on an objection: February 23, 2017 - Compensation for losses: Each amount indicated in the column for “compensation for objection” in attached Table 1 List 1 List 3.

D. The appraisal result of the appraiser K of the first instance court (hereinafter “the appraisal result of the first instance court”) - The appraisal result of the first instance court - The appraisal result of the first instance court - the amount in the annexed Table 1 List 1 List 1 List 1 List / The fact that there is no dispute about the amount / [the ground for recognition], Gap evidence 1 through 4 (including the number number; hereinafter the same shall apply), the appraisal result of the first instance court appraiser K,

2. The plaintiffs' appraisal result did not properly reflect the normal land price increase caused by the development project unrelated to the project of this case, and it is illegal and unjust because there is a significant difference in the compensation value when compared with the land adjacent to the land of this case while being located within the same project area.

Therefore, the defendant is obliged to pay the difference between the reasonable compensation and the compensation set in the ruling of objection and the compensation for delay to the plaintiffs.

3. Determination

A. As stated in Appendix 2 of the relevant statute and regulations

B. 1) The appraiser of the first instance court selected the land of this case as a comparative standard site with the land of this case, which is identical or similar to the price formation factors. The basic date: the land category (land size) of the lot number area with the sign on January 1, 2009, the officially announced land price (land size A L2,02,00,000,000,000,000,000.

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