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1. The Defendant: (a) KRW 241,013,765 to the Plaintiff, as well as KRW 5% per annum from December 23, 2014 to August 19, 2015; and (b) August 23, 2015 to the Plaintiff.
Reasons
1. Details, etc. of ruling;
(a) Business Recognition and Public Notice - Business Name - Business Name - Construction Works for Yongsan-Ull Road (hereinafter “instant project”): Notice No. 2013-120 of Chungcheongbuk-do - Business Operator: Defendant
B. The Central Land Tribunal’s ruling of expropriation on November 20, 2014 (hereinafter “instant ruling of expropriation”) - Objects and compensation: Obstructions recorded in the table 1 (hereinafter “instant obstacles”) below. The amount of compensation for obstacles in the seat lot number is 42,61,086,50 square meters in a lump sum of 42,615,00-373-4 376 square meters in 176 square meters in 176 square meters in total, 128,000, 25,60, 373,965,00, 175, 200, 3730, 200, 200, 3730, 165, 200, 200, 3730, 145, 201, 740, 2536, 205, 204, 2005, 205, 361,536, 20
2. The assertion and judgment
A. The Plaintiff’s assertion was erroneous in failing to properly reflect the market price of the obstacles of this case. The reasonable amount of compensation for the obstacles of this case is KRW 354,366,765, which is the appraised value confirmed by the commission of appraisal by this court. Thus, the Defendant is obligated to pay to the Plaintiff the amount of KRW 241,013,765, which is the difference between the appraised value and the compensation for losses recognized by the adjudication of expropriation of this case (=354,366,765 - 113,353,00), and delay damages therefrom.
B. 1) We examine the case. The appraiser for the acceptance ruling of this case (hereinafter “adjudication appraiser”)
The criteria and methods of calculating the amount of compensation for the instant obstacles are different from those of the court appraiser Gap evidence Nos. 2 and 4 (including serial numbers), and the court's entrustment of appraisal of this Court, and the purport of the entire arguments as to the fact-finding of the Korea Cho Jong-Gyeong Office.