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(영문) 춘천지방법원 2019.08.27 2019구합50883
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) recognition and public announcement of the project - Project name: Rearrangement Project in Zone B - Defendant - Public announcement: C on December 18, 2015;

B. In the event that the Plaintiff and the Defendant fail to reach an indemnity agreement - As a result of an indemnity agreement, the amount of compensation assessed on the owner of the object (average amount) shall be KRW 37,000,000,000 for KRW 36,50,000 for KRW 36,50,000,000 for KRW 37,00,000,000 in the case of KRW 59.17 square meters (hereinafter “instant object”).

C. The Gangwon-do Local Land Tribunal’s ruling of expropriation on September 28, 2018 (hereinafter “instant adjudication of expropriation”) - As a result of calculating compensation, F G’s compensation amount (average amount) for the Plaintiff 40,000,000 won for the subject matter of this case (hereinafter “instant compensation”) - The starting date of expropriation: October 31, 2018.

The Central Land Tribunal rendered an objection on February 28, 2019 - The Central Land Tribunal dismissed the Plaintiff’s objection on February 28, 2019 according to the result of the calculation of compensation as follows:

HI’s average assessed amount of the owner of the subject matter of this case 41,00,000 won 41,000,000 won 40,500,000 won for the subject matter of this case 【Ground for Recognition】 A’s non-contentious facts; Gap’s evidence 1 through 3, Eul’s evidence 1, 4, 5, and 7 (including the Serial number for the subject matter of this case); the purport of the entire pleadings

2. The assertion and judgment

A. At the time of the Plaintiff’s appraisal of acceptance of the instant case, the size and preservation status of the instant subject matter was not assessed properly.

The instant compensation was calculated less than that for other sections of exclusive ownership in the same area as that of the D Building.

Therefore, the plaintiff seeks an increase in compensation for losses.

B. 1) In the lawsuit claiming an increase in compensation for losses, the burden of proving that the amount of compensation is more reasonable than the amount of compensation determined in the judgment is the Plaintiff (see, e.g., Supreme Court Decision 2003Du12226, Oct. 15, 2004). 2) In light of the above legal principles, the evidence and evidence mentioned above are examined and examined.

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