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(영문) 수원지방법원 2016.05.13 2014구합61508
보상금 증액
Text

1. The Defendant: (a) KRW 20,718,400 for the Plaintiff and KRW 5% per annum from July 16, 2014 to May 13, 2016; and (b).

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Road Project (B) and hereinafter referred to as “instant project”);

- Notice: The Gyeonggi-do Public Notice C - Project Operator on August 20, 2012: the Defendant

(b) Land to be expropriated by the Central Land Tribunal on May 22, 2014 - Land to be expropriated: 395,196,200 square meters (hereinafter referred to as “instant land”): 395,196,200 won - An appraisal corporation on July 15, 2014: A new appraisal corporation in the future of a plan for the management of the land and a third-party appraisal corporation;

C. The Central Land Tribunal’s ruling on objection (hereinafter “the instant ruling”) dated November 20, 2014 - Compensation for losses: 397,917,00 won - 6,028 square meters of land E in the wife population E, F forest land 2 square meters, G forest 2,812 square meters (hereinafter “each remaining land of this case”) at the time of acceptance of the claim for decline in the value of remaining land, and did not compensate for such decrease - An appraisal corporation: The appraisal corporation does not compensate for the decrease in the price of land E in the land E in the manner that there is no price reduction in land for land E, F forest land 2,812 square meters in G forest 2,812 square meters (hereinafter “each remaining land of this case”): The appraisal corporation and the Korea Appraisal Board (hereinafter “each of the above appraisal corporations” shall be referred to as “each appraiser,” and the result of the appraisal shall be referred to as “each appraisal based on recognition”) / [the grounds for recognition]

2. The assertion and judgment

A. The amount of compensation for losses on the land of this case asserted by the plaintiff is assessed to be excessively under-determined because it was not properly selected as a comparative standard or as a result, the compensation should be increased, and compensation for losses due to the decline in the value of each remaining land of this case should be paid.

B. In litigation with respect to the increase or decrease of the compensation for the land to be expropriated, each appraisal agency, which forms the basis for the adjudication on expropriation, and the appraisal by the court appraiser, is not illegal in the assessment methods, and there is no other difference in view of the remaining factors except for individual factors.

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