logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.01.14 2020구합21670
보상금증액청구
Text

The defendant's KRW 155,857,920 to the plaintiff and its related KRW 5% per annum from October 24, 2019 to January 14, 2021.

Reasons

1. Details, etc. of ruling;

(a) Project name 1) Project approval and public notice: B redevelopment project name: The Defendant; (a) Project developer C3 of the Daegu Metropolitan City, Daegu Metropolitan City, Apr. 20, 2018;

(b) Persons subject to expropriation on September 4, 2019 by the Land Expropriation Committee located in Daegu Metropolitan City: 483.5 square meters in Daegu-gu and 771.9 square meters in E religious land (hereinafter “each land of this case”): The starting date of expropriation: 3,58,431,300 won in compensation for losses:

C. The Central Land Expropriation Committee’s Decision on February 27, 2020 (hereinafter “Objection”)’s Compensation for Loss: KRW 3,698,220,080

D. Compensation for loss as a result of a commission to the appraiser F of this Court for appraisal (hereinafter “court appraisal”): 3,854,078,000 won 【Ground for Recognition】 without dispute; Gap’s evidence 1 to 3, and Eul evidence 1 (including number with number ); the result of a commission to the appraiser F of this Court for appraisal; the purport of the entire pleadings;

2. Judgment on the plaintiff's claim

A. The Plaintiff’s compensation amount for each of the instant land asserted by the Plaintiff is too low and cannot be deemed a reasonable compensation for losses. Therefore, the Defendant should additionally pay the difference between the reasonable compensation amount according to the court’s appraisal and the compensation amount recognized at the court’s ruling.

B. The appraisal result submitted by an appraiser upon the request of the court through the appraisal process based on professional knowledge and experience cannot be easily rejected only on the basis of pointing out the possibility of minor errors that may arise in the appraisal process, unless the other party submits objective data to conceal its credibility. The appraisal result of an appraiser shall be respected unless there is a significant error that the appraisal method is contrary to the rule of experience or unreasonable (see Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). Meanwhile, in a lawsuit against an increase or decrease of compensation, a ruling is rendered.

arrow