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(영문) 창원지방법원 2016.12.20 2016구합50011
손실보상금
Text

1. The Defendant’s KRW 27,426,314 as well as 5% per annum from July 1, 2015 to December 20, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project name: Public notice of project approval and public notice of C Housing Redevelopment Improvement Project (2): The defendant; D3 project implementer public notice of Gyeongnam-do on April 8, 2010;

B. Objects to be expropriated by the Gyeongnam-do Regional Land Tribunal on April 28, 2015: Real estate and trees specified in the attached Form (hereinafter “instant land”), “instant building,” and “the instant trees”

(2) Compensation for losses: 634,610,740 won in total (the instant land: 535,227,820 won in total; 90,984,420 won in the instant building; 8,398,50 won in the instant item): 3) The date of expropriation: the appraisal corporation on June 17, 2015; one appraisal corporation; one appraisal corporation (hereinafter collectively referred to as “appraisal”); and one appraisal corporation (hereinafter referred to as “adjudication”) shall have the amount calculated by taking an arithmetic mean of the results of appraisal (hereinafter referred to as “appraisal”).

C. On April 21, 2016, the Central Land Expropriation Committee additionally compensated for KRW 200,000 for the trees of this case, and dismissed the objection against the instant land and buildings.

As a result of the court’s appraisal, the instant land is KRW 504,761,40 as a result of the court’s entrustment of appraisal to appraiser E, and the compensation for losses is KRW 560,316,90 as a result of the court’s entrustment of appraisal to appraiser F (hereinafter “the first and second court’s appraisal”).

2) The building of this case was removed at the time of the first and second court appraisal, and thus, it was practically difficult to evaluate the building of this case as the condition, etc. was unknown at the time of its establishment, and thus was not included in the object of appraisal.

3) Trees of this case: The result of the court’s entrustment of appraisal to appraiser G is KRW 10,935,734 (hereinafter “third court’s appraisal”).

(ii) [Ground of recognition] unsatisfy, Gap evidence 1, 3, and Eul evidence 4 (if any, including branch numbers; hereinafter the same shall apply);

result of each request for appraisal to E, F, and G of this Court, the purport of the entire pleadings

2. Determination

A. The Plaintiff’s assertion is the land, building, and so on.

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