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(영문) 의정부지방법원 2018.08.16 2017구합1068
토지보상금 증액
Text

1. The Defendant: KRW 39,453,890 for the Plaintiff and KRW 5% per annum from July 12, 2017 to August 16, 2018; and

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project approval and public notice - Road Project (B)

[Attachment] - Public Notice: - Project implementer C publicly notified by the Seoul Regional Land Management Office on October 27, 2016 - Seoul Regional Construction Management Office to which the Defendant belongs.

B. The Central Land Tribunal’s ruling of expropriation on May 18, 2017 (hereinafter “instant ruling of expropriation”): D & D 826 square meters (hereinafter “instant land”) in Namyang-si: The date of commencement of expropriation: July 11, 2017 - Totaling KRW 1,050,424,200 for compensation: An appraisal corporation (1,271,700 won per square meter) - An appraisal corporation, the Pacific Property Appraisal Corporation, the Unification Resolution Resolution Resolution Corporation (hereinafter “appraisal of expropriation”) (hereinafter “appraisal”)

(c) The Central Land Tribunal made an objection on September 21, 2017 (hereinafter “the instant objection”) - Compensation for losses: Total amount of KRW 1,058,300,110 ( KRW 1,281,235 per square meter): An appraisal corporation: an appraisal corporation, an appraisal corporation, and an appraisal corporation (hereinafter “appraisal”) of the resolution date: (a) an appraisal company;

D. The appraisal result of this Court (hereinafter “court appraisal”) - The appraised value: Total of KRW 1,097,754,000 per square meter (per 1,329,000 per square meter)

E. On June 23, 2017, the Defendant paid the Plaintiff KRW 7,875,910 ( KRW 1,058,300,110 - 1,050,424,200) respective amount of compensation for losses arising from the expropriation ruling and the expropriation ruling on October 12, 2017.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the appraisal result of appraiser E, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the appraisal of the objection of this case is based on an unfair evaluation of individual factors, etc., and calculated excessively low compensation for the land of this case. The reasonable compensation is set at KRW 119,060,400 above the amount of the objection, so the defendant is liable to pay the plaintiff 19,060,400 and delay damages.

B. Determination 1.

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