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(영문) 수원고등법원 2020.10.21 2020누11127
손실보상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Business approval and public announcement - Business redevelopment and rearrangement project [2] : Defendant - Public announcement of project implementation authorization: on December 8, 2018, the Central Land Expropriation Committee announced on February 4, 2009 - Land, buildings and obstacles (hereinafter referred to as “instant land”) as indicated in the separate sheet - The expropriation commencement date of the above buildings and obstacles shall be referred to as “the instant obstacles”: 2,670,538,050 won (the instant land 1,93,37,150 won; 677,200,200,000 won) - The appraisal court’s appraisal results shall be 80,000 won (the appraisal court’s appraisal results) - The appraisal court’s appraisal results shall be 70,000 won (the instant land - the appraisal court’s appraisal results shall be 1,99,37,150 won; 67,200,900 won (the instant obstacles - the appraisal court’s appraisal results shall be - the appraisal court’s 98, -194.

2. The assertion and judgment

A. The plaintiff's assertion of the objection of this case and compensation for the land of this case calculated by the court appraiser is assessed as being considerably below the actual transaction price, and thus, it cannot be viewed as a justifiable compensation.

In cases of land, where there is a proper actual transaction pursuant to the proviso to Article 3 (1) of the Act on Appraisal and Certified Appraisers, an appraisal may be conducted on the basis thereof.

In calculating the value of the instant land in accordance with the official land price standard law, the court appraiser of the court shall not exceed the amount of 357 square meters (the date of trade, August 19, 2009) in the Jung-gu, Sungnam-gu, Seoul Special Metropolitan City.

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