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(영문) 창원지방법원 2017.04.11 2016구합51700
손실보상금
Text

1. The Defendant: (a) KRW 1,051,90 to Plaintiff A; and (b) KRW 1,371,850 to Plaintiff B; and (c) to each of them, from January 21, 2016 to April 2017.

Reasons

1. Details of ruling;

(a) Project name: Public notice of project approval and public notice of C development project name: The defendant: D public notice of Gyeongnam-do on December 30, 2010; E public notice of Haban-gun on July 24, 2014; and F 3 project operator on May 14, 2015;

(b) Objects to be expropriated on December 1, 2015: The date of commencement of expropriation of land listed in the separate sheet owned by the Plaintiffs (hereinafter referred to as “each land of this case”): Compensation for losses on January 2016: Plaintiff A8,359,600, Plaintiff B, and Plaintiff B, KRW 155,231,350: 4); The Korea Appraisal Board, the Korea Appraisal Board, the Korea Appraisal Board, and the Korea Appraisal Board, the Korea Appraisal Board.

(c) Compensation for losses: The Central Land Tribunal’s adjudication of May 26, 2016 (1) on the compensation for losses: Plaintiff A95,722,90, and Plaintiff B’s total amount of KRW 168,58,250: An appraisal corporation: Alban appraisal corporation and the Pacific appraisal corporation (hereinafter the above appraiser collectively referred to as “adjudication appraiser”; the amount of compensation calculated by taking an arithmetic mean of the results of the appraisal (hereinafter “adjudication”).

D. 1) Compensation for losses as a result of the court’s entrustment of appraisal: Plaintiff A 96,74,800 won, Plaintiff B’s aggregate 169,960,100 won: G (hereinafter referred to as “court appraiser,” and the result of the appraisal is referred to as “court appraisal”)

2. The assertion and judgment

A. Since the Plaintiffs’ assertion, appraisal and court appraisal are erroneous in an excessively low assessment of the amount of compensation for each of the instant lands, such as errors in the comparison of individual factors, etc., the amount of compensation for each of the instant lands should be increased according to the result of the instant court’s request for supplementary appraisal as of January 31, 2017 to the appraiser G.

B. In a lawsuit concerning the increase or decrease of compensation for expropriation 1, each appraisal that forms the basis for the ruling and the appraisal by the court appraiser are all the same.

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