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(영문) 수원지방법원 2019.02.15 2018구합68514
손실보상금
Text

1. The Defendant’s KRW 11,490,200 as well as 5% per annum from June 30, 2017 to February 15, 2019 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project name (1) : Public announcement of project implementation authorization for a housing redevelopment rearrangement project (2) of B elementary school: The defendant; C public notification of Ansan-si (2) and D public notification of Ansan-si (21 July 2015);

B. Objects to be expropriated by the Gyeonggi-do Regional Land Tribunal on May 15, 2017: The annexed list of land and obstacles (hereinafter “instant land and obstacles”).

2) The date of commencement of expropriation: Compensation for losses: 357,215,550 won (the instant obstacles in the instant land KRW 306,089,000) 4: A stock company E and stock company F

(c) Compensation for losses: 370,910,350 won (the instant obstacles in the instant land KRW 319,783,800) (the instant obstacles in KRW 51,126,550) for the Central Land Expropriation Committee on July 19, 2018: The fact that there is no dispute over Company G and H (which is the ground for recognition), Party A’s evidence 1, 2 (including additional numbers), and Party B’s evidence 1 through 4, the purport of the entire pleadings, and the purport of the whole pleadings

2. Determination

A. Since the amount of compensation determined by the Plaintiff’s ruling on the instant objection does not reach the market price, the Defendant is obligated to pay the difference between the pertinent amount of compensation and the pertinent amount of compensation.

B. 1) The instant land is located near the south east of B elementary school located in Ansan-gu I in Ansan-si, and nearby the land is a general residential zone formed by a detached house, multi-household house, apartment house, etc., accessibility to main roads and public transportation facilities are difficult, and accessibility to main roads and public transportation facilities is a blind-type land and used as a site for a detached building, and falls under a Class I general residential area under the National Land Planning and Utilization Act and its Enforcement Decree. 2) The court appraiser and its appraisal appraiser are all located in the vicinity of the instant land, and a special-purpose area is the same and the surrounding environment is the same as that of the instant land, and they are selected as a comparative standard for the actual use of the land and the surrounding environment is the same or similar.

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