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(영문) 의정부지방법원 2018.07.19 2017구합12358
손실보상금
Text

1. The Defendant: (a) 27,855,500 won to Plaintiff A; (b) 29,904,000 won to Plaintiff B; (c) 995,250 won to Plaintiff C; and (d) 28,967.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Authorization and Public Notice of the Project - Private Investment Project (hereinafter referred to as the “instant Project”)

- Notice: K publicly announced by the Ministry of Land, Infrastructure and Transport on August 7, 2015 - Project implementer: Defendant

B. The Central Land Expropriation Committee’s ruling on expropriation on December 8, 2016 (hereinafter “instant adjudication on expropriation”) - Subject to expropriation: as indicated in the column for “subject to expropriation” in the attached Table attached hereto.

(In all of the above lands, hereinafter referred to as "each of the above lands of this case"). - The date of expropriation: January 9, 2017 - An appraisal corporation: L/L and L/M (hereinafter referred to as "appraisal of expropriation") shall assess the results of appraisal.

C. The Central Land Tribunal rendered an objection (hereinafter “instant objection”) on June 22, 2017 - Compensation for losses: The amount of the adjudication on expropriation of the Plaintiff C is KRW 289,617,750, and the said Plaintiff filed an objection against it, but was dismissed.

The same shall apply to the entry in column.

- An appraisal corporation: The Corporation and the Vice-Governor of the Corporation for the Settlement of Disputes (hereinafter referred to as the "Appraisal of Objection").

D. The appraisal result of this Court (hereinafter “court appraisal”) - The appraisal value: The appraisal value is as indicated in the column of “court appraisal amount” in the attached Table [Attachment].

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence Nos. 1 through 6, the appraiser P's appraisal result, the purport of the whole pleadings

2. Plaintiffs and Defendant’s assertion

A. Since the reasonable compensation for each of the plaintiffs' lands of this case is recognized in the court's appraisal, the defendant is obligated to pay limited compensation and damages for delay which are recognized in the appraisal of objection in the above compensation amount.

However, the court’s appraisal is a standard for comparison of the land for a different R warehouse (hereinafter “R land”) with regard to the land category of the land use of Q 646 square meters (hereinafter “ Q Q 3”) in Gyeyang-gu, Chungcheongnam-gu, Seoul Metropolitan City. However, the court’s appraisal is a standard for comparison of the land for another R 1,645 square meters (hereinafter “R land”).

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