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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details, etc. of ruling;
(a) Project approval and public notice - Project name: B: The defendant;
(b) Adjudication on expropriation - Land subject to expropriation - Seven (see attached Form 1; hereinafter referred to as “instant land”) and its ground obstacles (see attached Form 2): December 19, 2016 - Total compensation for damages for the instant land: 711,585,550 won (see attached Form 1) - Total compensation for damages for the instant land obstacles: 302,018,880 won (see attached Form 2) for the instant land obstacles:
C. Court’s appraisal - Total amount of appraisal value of the instant land: KRW 705,524,700 - Total amount of appraisal value of the instant land’s ground obstacles: KRW 302,563,60 (based on recognition)
2. The assertion and judgment
A. The Plaintiff’s assertion 1) there is an obstacle omitted in the adjudication of expropriation, in addition to the obstacles described in the attached Table 2.2) Since the amount of compensation for the instant land was calculated unfairly low, it is sought to increase the amount of compensation to a reasonable amount of compensation.
B. The Plaintiff bears the burden of proving that the existence of an omitted obstacle exceeds the reasonable amount of compensation for loss, rather than the amount of compensation determined by the adjudication in a lawsuit claiming the increase in the amount of compensation (see, e.g., Supreme Court Decision 2003Du12226, Oct. 15, 2004). No evidence exists to acknowledge the existence of the omission, and there is no evidence to prove the existence of the omission.
On the other hand, on May 26, 2017, the Plaintiff entered the supplementary appraisal application to the effect that three weeks, etc. are omitted, which were planted on the G ground at the time of Tong Young-si. Thus, even if the Plaintiff specified the above three weeks as an obstacle omitted, there is no evidence to know the ownership relation or the timing of planting.
Therefore, this part of the plaintiff.