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(영문) 서울고등법원 2019.01.25 2016누67709
손실보상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff’s land owned by the Plaintiff is the owner of Pyeongtaek-si B warehouse site 8,809 square meters (hereinafter “instant land”), C forest land 1,254 square meters, D forest land 9,168 square meters, Pyeongtaek-si E-road 674 square meters (hereinafter “individual land”) and each obstacles.

(b) Project approval and public notice - Housing site development projects (F district housing site development projects (section 2-1; hereinafter referred to as the "project in this case"): Defendant: G public notice given by the Ministry of Land, Transport and Maritime Affairs on May 30, 208, H of the same public notice given on November 29, 2010, H of the same public notice given on January 3, 201, and I of the same public notice given on January 3, 2012:

C. The Central Land Tribunal’s ruling of expropriation on November 16, 2012 (hereinafter “instant ruling”) (hereinafter “adjudication”) - The appraisal result is referred to as “adjudication appraisal”): Ten-dong (ware 1-10) warehouse on the ground of the instant land and concrete packaging (hereinafter “each of the instant warehouses”) - Compensation for losses: the following:

F. The “amount of adjudication on expropriation” stated in the “statement of compensation” in paragraph (1) is the same as the amount stated.

- Commencement date of expropriation: - Appraisal Corporation: J, K Co., Ltd.

D. The result of the commission of surveying and appraisal with respect to L Corporation in the first instance court (hereinafter “court surveying and appraisal”) - The appraisal content: [Attachment 1] the appraisal content (attached Form 1] was surveyed as the area of a concrete package (attached Form 1) among the land in this case (attached Form 1) as 6,780 square meters (including the area of each warehouse site).

(e) Results of a request for measurement and appraisal of thickness with respect to appraiser M in the first instance court (hereinafter referred to as “welve thickness measurement and appraisal”) - Contents of appraisal: as shown in the result of measurement of thickness (attached Form 2).

F. The commission of appraisal to N in the first instance court and the fact inquiry results - The first appraisal content (the result of the appraisal commission as of November 13, 2013): The following “compensation details” are the same as the amount indicated in the “first instance court’s appraisal amount.”

(hereinafter referred to as “the result of the first instance court’s appraisal commission”) - Contents of the modified appraisal. 4 March 2015.

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