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(영문) 인천지방법원 2018.12.20 2018구합50882
손실보상금
Text

1. The Defendant: (a) KRW 5,598,00 for Plaintiff A; (b) KRW 3,668,550 for Plaintiff B; (c) KRW 9,079,800 for Plaintiff C; and (d) KRW 1,376 for Plaintiff D.

Reasons

1. Basic facts

(a) Project approval and public announcement - Name of project: Urban planning facility project (M project): Public announcement of project implementation authorization: N-Public announcement of Incheon Metropolitan City on August 22, 2016 - Project implementer: Mayor of Incheon Metropolitan City;

B. Adjudication of expropriation by the Central Land Tribunal on July 13, 2017 - Persons subject to expropriation: Land and obstacles listed in the column for “subject to expropriation” in the attached Table on the attached Table: The amount indicated in the column for “compensation for expropriation” in the attached Table on the attached Table - The date of commencement of expropriation: September 5, 2017.

Adjudication by the Central Land Tribunal on January 25, 2018 - Compensation for losses: The amount indicated in the column for “compensation for objection” in the attached Table.

(d) ADDDD, E, F, G, H, I, J, K, and L were recorded in the “court appraisal result” column in the annexed sheet (the Plaintiff was excluded from the subject of the appraisal on the ground that obstacles owned by the Plaintiff were already removed) / [based on recognition] evidence A 1 through 3 (including the serial number), the result of the request for appraisal by theO of this court, the purport of the entire pleadings.

2. The assertion and judgment

A. 1) The parties’ assertion is the same as the result of the court’s appraisal. As such, the Defendant is obligated to pay the difference between the court’s appraisal result of the land to be expropriated and the compensation for adjudication to the Plaintiffs. 2) The Defendant court’s appraisal did not properly evaluate the access conditions of the land in question, where the access is not established in comparison with the individual factors of the land owned by the Plaintiff G, Namdong-gu Incheon Metropolitan City P, among the land to be expropriated. In the amendment of other factors of the land to be expropriated, the court’s appraisal cannot be deemed as a legitimate compensation for the land to be expropriated.

(b) in the lawsuit on the increase or decrease of compensation for losses resulting from the assessment 1 appraisal.

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