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(영문) 대구지방법원 2019.08.21 2018구합24188
토지수용에 대한 보상금증액청구
Text

The defendant shall pay 2,781,90 won to the plaintiff and 15% per annum from October 16, 2018 to May 31, 2019.

Reasons

1. Details, etc. of ruling;

(a) Name of the project for which approval of a project and approval of an industrial complex plan is publicly notified: The defendant: D public notification of the latitude on June 15, 2015; E public notification of the elderly military on December 26, 2016; and F public notification of the elderly military on April 9, 2018:

(b) Land subject to expropriation by the local Land Tribunal of Gyeongbuk-do on July 27, 2018: The compensation for expropriation of 1,686 square meters per previous G G in Gyeongbuk-gun: the starting date of expropriation of KRW 107,145,300: September 20, 2018.

The result of the court's entrustment of appraisal to H Co., Ltd. (hereinafter "the result of the court's appraisal") and the adequate value of the land to be expropriated was assessed as KRW 109,927,200 on the basis of the date of adjudication of expropriation.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, Eul's evidence 2, court's appraisal result, whole purport of pleading

2. Judgment on the plaintiff's claim

A. The amount of compensation for the adjudication on the expropriation of this case by the plaintiff's assertion is excessively low in light of the present value of the land to be expropriated or the market price of other adjacent lands.

Therefore, the defendant should pay to the plaintiff 2,781,900 won (=109,927,200 won-107,145,300 won) and damages for delay.

B. Determination 1) The appraisal of relevant legal principles is nothing more than using such knowledge or experience as a supplementary means for a court to determine a certain matter. As such, there are several different appraisal of the same fact in a lawsuit on the increase or decrease of compensation, and insofar as there is no evidence to acknowledge that there is an error in one of them, even if the court has employed any one of the appraisal, it cannot be deemed unlawful unless it is contrary to logical or empirical rules (see, e.g., Supreme Court Decision 2012Du1570, Dec. 11, 2014). Moreover, the process of appraisal conducted by a court’s commission based on professional knowledge and experience.

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