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1. The Defendant: KRW 29,308,159 for the Plaintiff and KRW 5% per annum from July 20, 2016 to October 20, 2016; and
Reasons
1. Basic facts
A. On February 25, 2013, the Defendant filed a lawsuit against Busan Metropolitan City for payment of KRW 192,455,660 for the land site compensation, which was enforced in 19/519 (hereinafter “the main part of the instant case”) with respect to E Expansion Corporation (hereinafter “previous Public Works”) implemented in 1989 with respect to the 119/519/519 shares (hereinafter “the instant land”) out of the Busan Metropolitan City Do 519 square meters (hereinafter “instant land”) purchased from C for the following reasons.
Although the name of the defendant is registered in the form of shares 119/519 with respect to the land in this case, the main part of this case is purely corresponding to the shares owned by the defendant (the sectionally owned co-ownership form of one kind). Since the main part of this case is excluded from the previous public works and is in the form of "manb" adjacent to the road up to the project in this case, and is newly incorporated into the land for the project in this case, the main part of this case corresponding to the shares owned by the defendant should not be evaluated as "ununclaimed land", and it should be evaluated as "site" located in the main part of the main part of the arterial road
Therefore, the appraisal price should be assessed at least as KRW 2,750,00 per square meter on the basis of the market price of the comparative standard site, which is the site where the conditions of the road location abutting on E are good. Busan Metropolitan City should pay to the Defendant a reasonable compensation amount of KRW 327,250,00,00 (=2,750,000 per square meter x 119 square meter x 119 square meters), deducting KRW 134,794,340, and delay damages.
B. On November 13, 2014, Busan District Court dismissed the Defendant’s claim against Busan Metropolitan City for the following reasons.
(Dasan District Court 2013Guhap780, hereinafter referred to as "the first instance judgment of this case"). (1) Busan Metropolitan City is a road around June 1980 prior to the implementation of the previous public works.