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(영문) 수원지방법원 2015.05.06 2013구합1912
손실보상금
Text

1. The Defendant’s KRW 150,962,90 for the Plaintiff and KRW 5% per annum from February 7, 2013 to March 7, 2013.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Industrial complex development project (B; hereinafter “instant project”): Defendant: C, public notice of the Ministry of Land, Transport and Maritime Affairs on September 12, 2008; D-project operator announced by the Ministry of Land, Transport and Maritime Affairs on March 6, 2009;

B. The Central Land Tribunal’s ruling of expropriation on December 14, 2012 - Land E (hereinafter “instant land”) and its ground obstacles - The date of expropriation: on February 6, 2013: 320,370,100 won with respect to the instant land, and 36,297,000 won with respect to the instant land, and 356,67,100 won with respect to the above ground obstacles, - An appraisal corporation: An appraisal corporation, an appraisal corporation, a large appraisal corporation, a large appraisal corporation (hereinafter “appraisal”) (hereinafter “adjudication appraiser”), without any dispute, 【the ground of recognition”), 【No dispute, Gap, 1, 2, and Eul evidence (including each number), the purport of the entire pleadings, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff’s appraiser assessed 960 square meters of the instant land as the site and 1,078 square meters of the instant land as forest land. However, the instant land should be assessed as the entire site in line with the current status. 2) The appraiser for the adjudication assessed the area of the instant land as 48 square meters of the Dong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeongdong (hereinafter “instant building”). However, according to the result of the court’s entrustment of surveying and appraisal with the appraiser F (hereinafter “court appraisal”), the area of the instant building is 61 square meters, and thus, the compensation for losses should be calculated accordingly.

3) Compensation for losses for the instant land and the instant obstacles thereto, as determined by the adjudication of expropriation, do not reach a reasonable amount of compensation. As such, the result of the commission of market price appraisal by appraiser G (hereinafter “court appraisal”) by this court is as follows.

(B) Any land, the form and quality of which have been changed, shall be increased according to the appraised value under paragraph (1).

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