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(영문) 수원지방법원 2014.11.14 2013구합20555
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details, etc. of ruling;

A. Business Approval and Public Notice - B Business Approval (hereinafter “instant project”): Defendant: D publicly notified by the Ministry of Land, Transport and Maritime Affairs on July 14, 2010, which is publicly notified by the Ministry of Land, Transport and Maritime Affairs on September 17, 2010;

B. The Central Land Tribunal’s ruling of expropriation (hereinafter “adjudication of expropriation”) dated October 24, 2013 - Subject to expropriation: E prior to the Namyang-si, Namyang-si (hereinafter “instant land”): 400,505,400 square meters: The starting date of expropriation: - An appraisal corporation on December 17, 2013: a dialogue appraisal corporation, a stock company, a new appraisal appraisal corporation, a stock company, and a new appraisal corporation (hereinafter “appraisal of expropriation”) on December 24, 2013; hereinafter “appraisal of expropriation”); and hereinafter “appraisal of expropriation”).

C. The court’s entrustment of appraisal to the appraiser F by the appraiser F by the appraiser F by the court (hereinafter “the appraiser F by the court”) - The appraisal result by the court: 429,848,100 won (which is the ground for recognition): The facts that there is no dispute; Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 1 and 2; the result of the court’s entrustment of appraisal to the appraiser F by the court; the purport

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. The assertion and judgment

A. Since the compensation determined by the Plaintiff’s appraisal of acceptance of the claim was erroneous in failing to reflect the market price properly, the compensation should be increased to the amount stated in the purport of the claim.

B. In a lawsuit on the increase or decrease of compensation for expropriation, where both the result of the adjudication and the result of the court appraisal are not illegal and there is no evidence to prove that there are special errors in the contents of the appraisal, the more reliable trust of any one of the results of each appraisal belongs to the discretion of the fact-finding court.

According to the acceptance ruling and the court appraisal, although there are differences between the acceptance ruling and the court appraisal, all of them seems to be legally assessed in accordance with the relevant laws and regulations, and there are errors in the judgment of the acceptance ruling and the court appraisal.

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