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(영문) 수원지방법원 2014.10.08 2013구합12776
손실보상금
Text

1. The Defendant’s KRW 54,420,010 as well as 5% per annum from July 17, 2013 to October 8, 2014 to the Plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Housing site development project (B zone 1; hereinafter referred to as “instant project”): Defendant on December 31, 2008, publicly notified by the Ministry of Land, Transport and Maritime Affairs C, D, April 5, 2012, publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 24, 2012, and publicly notified by the Ministry of Land, Transport and Maritime Affairs;

B. The Central Land Tribunal’s ruling of expropriation on May 23, 2013 (hereinafter “adjudication of expropriation”): F 1,326§³, G 2,152§³, H 353§³, and H 353§³, at the time of Pakistan owned by the Plaintiff (hereinafter “instant land”): Compensation for losses: 627,497,90 won - From the date of expropriation: - An appraisal corporation on July 16, 2013 - An appraisal corporation: A corporation: a corporation and a national appraisal corporation (hereinafter collectively “appraisal of expropriation”), a corporation’s appraisal corporation (hereinafter collectively “an appraisal corporation”), and a corporation’s appraisal corporation (hereinafter “an appraisal of expropriation”): the arithmetic mean of the results of the appraisal (hereinafter “adjudication of expropriation”).

C. The court's entrustment of appraisal to the appraiser I (hereinafter " appraiser I"; the result of the appraisal is "court appraisal"; the result of the appraisal is "court appraisal": 681,918,000 won [based on recognition]; Gap's evidence 1, 2, Eul evidence 1, and 2 (including the serial number); the result of the court's entrustment of appraisal to the appraiser I; the purport of the whole pleadings;

2. The assertion and judgment

A. Since the amount of compensation for losses arising from the adjudication on expropriation of the land of this case alleged by the plaintiff was excessively underestimated, the defendant is obligated to pay 54,420,010 won, which is the difference between the reasonable amount of compensation according to the court appraisal result and the above amount of compensation.

B. In a lawsuit involving an increase or decrease of compensation for expropriation, each appraisal and each court’s appraisal and assessment, which are the basis of the adjudication, do not constitute an unlawful cause in the assessment methods, and in light of the remaining factors for price assessment except for the amount of goods, etc., in a case where there exists a difference in the appraisal results due to a somewhat different relationship between the goods and the goods, the court shall make a more trust among the respective appraisal and assessment.

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