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(영문) 창원지방법원 2016.12.13 2015구합590
수용보상금증액청구
Text

1. The Defendant: (a) KRW 8,184,451 for the Plaintiff and 5% per annum for the period from November 19, 2014 to December 13, 2016; and (b) the Plaintiff.

Reasons

1. Details of ruling;

(a) 1) Project name: A public announcement of the housing site development project (2) : The defendant; the defendant; the defendant; the third project operator who is public announcement of the Gyeongnam-do on March 26, 2009;

B. Objects to be expropriated by the Central Land Tribunal on September 25, 2014: The list in the attached Form (hereinafter “instant item”) shall be as follows.

(2) Amount of compensation: 63,516,060 won: The date of commencement of expropriation: (a) November 18, 2014; (b) the Central Land Expropriation Committee’s ruling on April 23, 2015; (c) the amount of compensation: 64,659,390 won: 3): A new appraisal corporation, future appraisal corporation, a joint appraisal corporation (hereinafter the above appraisers collectively referred to as “appraisal”); and (c) the amount of compensation calculated by taking an arithmetic mean of the results of appraisal (hereinafter “adjudication”).

D. As a result of the appraisal conducted on March 2, 2016 by this Court, compensation for the instant trees is KRW 72,843,841 as a result of the appraisal entrusted to appraiser D by this Court.

E. If, as a result of the appraisal conducted on October 12, 2016, it is assumed that the receipt of the instant trees is four years after planting, the compensation for losses for the instant trees based on the result of the appraisal entrusted to appraiser D by this court is KRW 121,136,378.

[Ground of recognition] A without dispute, entry of Gap evidence 1 and 2, the appraiser D of this court as of March 2, 2016 and the result of each entrustment of appraisal as of October 12, 2016, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The appraisal conducted a lump sum assessment without specifying and clarifying the factors for calculating the amount of compensation required by relevant statutes, such as the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, while evaluating compensation for the instant trees. 2) Since the Plaintiff planting the instant trees on or around March 2009, the receipt of the instant trees constitutes four years, around March 2013.

Therefore, this case.

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