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(영문) 광주지방법원 2019.12.12 2018구합13599
수용보상금증액
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

agency.

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Business authorization and public notice - Business Construction of roads by E in harvested-D, - F published on July 27, 2017 - Business operator: Pool market;

B. The adjudication of expropriation on April 26, 2018 by the Jeonnam-do Regional Land Expropriation Committee on the expropriation of April 26, 2018 - The subject matter of expropriation: G G 86 square meters and H 11 square meters (hereinafter “instant land”). The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the Plaintiff.

(B) 1/4 shares in the above land and 1/4 shares in the Selection C (hereinafter referred to as “Plaintiffs, etc.”) collectively shall be referred to as “three persons”;

- The date of expropriation begins on June 15, 2018 - Compensation for losses: the Plaintiff and the Appointor B 7,153,750 won, C14,307,50 won (the sum of KRW 28,615,00)

(c) The Central Land Tribunal’s ruling on October 25, 2018 - Contents of the ruling: All rejection of appeals filed by the Plaintiff, etc.

(d) Results of an appraisal by a court appraiser on October 2, 2019 - The appraised value: 26,384,000 won (based on recognition), the facts in which no dispute exists, the entries in evidence A 1 and 2, and the purport of the whole pleadings;

2. The plaintiff's assertion is liable to pay 11,37,250 won, 22,674,50 won, 22,50 won, and delay damages to the plaintiff (appointed party) and the appointed party B, respectively, with the difference between the reasonable compensation for losses and the adjudication on expropriation of the land of this case.

3. In a lawsuit claiming an increase in compensation for losses, the burden of proving that the amount of reasonable compensation exceeds the amount of compensation determined by the expropriation ruling or the adjudication on the objection is the Plaintiff.

(See Supreme Court Decision 2003Du1226, Oct. 15, 2004). However, there is no evidence to acknowledge that the legitimate compensation for the instant land is more than the amount determined by the adjudication of expropriation. Rather, as seen earlier, the court’s appraisal value of the instant land can only be recognized as constituting 26,384,000 won which is less than the total amount of compensation for losses as determined by the adjudication of expropriation.

Therefore, the plaintiff's assertion is without merit.

4. Conclusion.

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