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(영문) 대구지방법원 2019.12.19 2019구합23274
손실보상금
Text

1. As to the Plaintiff A’s KRW 4,916,290 for each of the said KRW 7,374,430, Plaintiff B, C, and D and each of the said KRW 4,916,290 on October 31, 2018.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: Urban environment rearrangement project (E urban environment rearrangement project) (hereinafter referred to as "E urban environment rearrangement project") of this case;

(2) Notice 2) : The FF published in the Dong-gu Seoul Metropolitan City on July 10, 2017, and G 3 G 3 published in the Daegu Metropolitan City on June 20, 2018: the Defendant.

B. Subject to the adjudication of expropriation on September 17, 2018 by the regional land expropriation committee of Daegu Metropolitan City (hereinafter “adjudication of expropriation”): H large 844.4m2 owned by the Plaintiffs, and two weeks of sloping trees on the land (the shares of Plaintiff A3, 1/3, shares of Plaintiff B, C, and D, shares of 2/9; hereinafter “instant land and obstacles”).

(2) The date of commencement of expropriation: A 1,302,090,725 won (land 1,301,924,065 won, obstacles 166,60 won), Plaintiff B, C, D, and D respectively (land 867,949,370 won, obstacles 111,110 won), 4) An appraisal corporation: I and J Co.

C. The Central Land Tribunal’s adjudication on an objection (hereinafter “the adjudication on an objection”) on May 23, 2019 (hereinafter “the adjudication on an objection”): Plaintiff A 1,350,418,550 won (land1,350,251,890 won, obstacles 16,660 won), Plaintiff B, C, and D, respectively, 900,279,030 won (land 90,167,920 won, obstacles 111,110 won): K and L.

D. As a result of the court’s entrustment of appraisal to appraiser M (hereinafter “court appraisal”), compensation for losses arising from the court’s appraisal of the instant land was assessed as KRW A1,357,626,320, Plaintiff B, C, and D, respectively, KRW 905,084,210, and the appraisal of the instant obstacles was not conducted due to the loss.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 14 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the result of the appraisal commission to the appraiser M by this court, the purport of the whole pleadings

2. Determination on the plaintiffs' claim for compensation for losses

A. The compensation amount for the instant land and obstacles to the purport of the allegation is remarkably lower than the market price.

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