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(영문) 부산지방법원 2018.09.07 2017구합24753
손실보상금
Text

1. The Defendant’s each of the money stated in the “personal fee” in the attached Table 1 sheet to the Plaintiffs and each of them on February 21, 2017.

Reasons

Approval and public announcement of the project, such as the background of adjudication - The H Housing Redevelopment Improvement Project (hereinafter referred to as the "project in this case"): The defendant - the project implementer: The public announcement of the authorization for project implementation on May 19, 2010 - the JJ of the Gangseo-gu Busan Metropolitan City public announcement on July 19, 2013, and the ruling of expropriation on February 20, 2017 of the Ministry of Land, Infrastructure and Transport of the Busan Metropolitan City public announcement on September 3, 2014 - the date of commencement of expropriation on May 4, 2017: each land entered in the column of "land subject to expropriation" in the attached Table 1 (hereinafter referred to as "each land in this case") and each of its ground obstacles (hereinafter referred to as "each obstacles in this case"): The Central Land Expropriation Committee's notification on July 23, 2017 - the amount of compensation stated in the attached Table 1.

- An appraisal corporation: The result of appraisal by the court appraiser L (hereinafter referred to as the “court appraiser” and the above result of appraisal by the court appraiser”) in the case of the general appraisal corporation, the Busan and the Busan and the Busan and the Chungcheongnam-gu branch office (hereinafter referred to as “this ruling appraiser”) - Compensation: It is recorded in the “court appraisal result” in the attached Table 1.

[Reasons for Recognition] Fact-finding, Gap evidence 1-2, Gap evidence 1-2, 8, 9, 12, 13, 14-1, 3-2, and Gap evidence 3-2, the result of the court's entrustment of appraisal to the appraiser L, the purport of the whole pleadings, the assertion of the purport of the arguments, and the result of the court's appraisal of each of the lands and obstacles owned by the plaintiffs as to each of the lands and obstacles owned by the plaintiffs, are remarkably unfair.

Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows.

Judgment

In a lawsuit concerning the increase or decrease of compensation, both the appraisal by each appraisal agency and the appraisal by each appraisal agency selected by the court do not have any illegality in the assessment method, and the remaining price assessment factors except the comparison are different in view of the price assessment factors, but there is a difference in the appraisal result by a somewhat different difference in the appraisal.

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