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(영문) 대전지방법원 2018.02.13 2016구합106598
손실보상금
Text

1. The Defendant: (a) KRW 265,800 to Plaintiff A; and (b) KRW 88,784,150 to Plaintiff B; and (c) respectively, from March 18, 2016 to February 13, 2018.

Reasons

1. Details of ruling;

A. A public announcement of project approval - The Acheon C Housing Redevelopment and Improvement Project (hereinafter “instant project”) - Public notification D/ The astronomical City on October 21, 2013, and public notification E on December 21, 2015

(b) Project operator: Defendant;

C. The ruling of expropriation made on February 1, 2016 by the Chungcheongnam-do Regional Land Expropriation Committee of Chungcheongnam-do: F 12 square meters (hereinafter “instant land”); G 1,729 square meters in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, the Plaintiff’s ownership (hereinafter “instant land 1”); G 1,729 square meters and obstacles in the attached list (hereinafter “instant land 2 and obstacles”): The starting date of expropriation: March 17, 2016 - Compensation for losses: Plaintiff A’s compensation for losses 8,501,40 won; Plaintiff B’s compensation for losses 1,919,017,100 won for the instant land 2; and compensation for losses 143,394,420 won for damages 1,394,100 won for the instant land 1,917,100 won and obstacles 1,394,420 won for the Plaintiff’s land 2:

(d) The Central Land Tribunal made an objection on November 24, 2016 - The content of the adjudication: The Plaintiff’s compensation for losses is KRW 8,809,800; the Plaintiff’s compensation for losses for the land No. 2 of this case is increased to KRW 1,981,174,650, respectively (the objection against the land no. 2 of this case shall be dismissed) - The Land Appraisal Corporation: The Land Appraisal Corporation, the Land Appraisal Corporation, and the Taekkan Appraisal

E. The court's entrustment of appraiser H (hereinafter "court's appraisal") - The plaintiff's compensation 9,075,60 won, the plaintiff's compensation 2,069,958,800 won for the land of this case (the ground for recognition is excluded from the loss) / The plaintiff's compensation 2,069,958,80 won for the land of this case (the ground for recognition is not a dispute) / each entry of Gap's evidence 1 through 4, Eul's evidence 1 and 2 (which includes each number number; hereinafter the same shall apply), the result of the court's entrustment of appraiser H's appraisal by the court of this case, the result of the fact inquiry of appraiser H by this court

2. The plaintiffs' appraisal of their respective land and obstacles in the instant case was assessed at a lower price without the threshold in light of the neighboring trading cases, etc., and thus, the plaintiffs are based on the court's appraisal.

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