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(영문) 창원지방법원 2017.07.11 2016구합53331
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B urban development project - Public notice of the project name: C- Project operator who is public notice of Sejong-do on December 26, 2013 - Defendant

B. Adjudication on expropriation made on October 25, 2016 by the local Land Tribunal of Gyeongnam-do on the expropriation date: D 405 square meters in Tong-si and the unregistered obstacles on the ground thereof (attached Table 1; hereinafter the same shall apply), 224 square meters in Tong-si and Dong-si (hereinafter referred to as “each land of this case”) - The expropriation compensation amounting to KRW 126,879,350 in total (D land 72,90,000 in total, 13,659,350 in total, 13,659,350 in total, and E land 40,320,000 in total, and E land 40,320,000 in total): An appraisal corporation: An appraisal corporation on December 19, 201: An appraisal corporation and a stock company (hereinafter referred to as “appraisal,” and the result of the appraisal of the land is referred to as “appraisal”).

C. The Central Land Tribunal rendered an objection on May 25, 2017 - Plaintiff’s objection is dismissed.

D. The appraisal results of this Court - The appraiser: F (hereinafter “court appraiser”; F (hereinafter “court appraisal results”) - The appraisal amount: Total 125,847,600 won (D land 72,049,500 won, total of 13,948,500 won, obstacles total of 13,948,500 won, E land 39,849,600 won) / There is no dispute; Gap evidence 1, 2, and 4; Eul evidence 2 (including serial number; hereinafter the same shall apply); the appraisal decision with respect to the appraiser F; the purport of the entire pleadings;

2. Attached Form 2 of the relevant Acts and subordinate statutes;

3. The assertion and judgment

A. The Plaintiff’s assertion, appraiser, and court appraiser did not consider that each land of this case is a Class-II general residential area, but did not consider the fact that it was a Class-II general residential area, but did not reflect the actual situation and did not contain any error of law such as correction

B. Article 22(1) of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor”) is the value similar to the land to be appraised

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