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(영문) 광주지방법원 2015.04.16 2014구합1871
수용보상금증액
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Project approval and public notice 1) Project name: Light-based National Industrial Complex Development Project (hereinafter referred to as the “instant project”)

(2) Project operator: Defendant 3 Notice: September 30, 2009, Ministry of Land, Transport and Maritime Affairs No. 2009-956

B. The date of adjudication of expropriation by the Central Land Expropriation Committee (1) on expropriation: The portion to be expropriated related to the instant case on May 22, 2014: The portion related to the instant case: 7,123,00 won calculated on the basis of the arithmetic mean of the respective appraisal results of two appraisal business entities: July 15, 2014.

On October 23, 2014, the date the Central Land Expropriation Committee makes an objection: The content of the adjudication by the Central Land Expropriation Committee shall be calculated by calculating the arithmetic mean of the respective appraisal results of the Pacific Appraisal Corporation and the Korea Appraisal Board, and the amount of compensation for expropriation shall be deemed reasonable and dismissed (the Pacific Appraisal Corporation’s appraisal results of the Pacific Appraisal Corporation, KRW 6,98,80,800, KRW 7,190,400 as a result of the appraisal by the Korea Appraisal Board, KRW 7,400 as a result of the appraisal by the Korea Appraisal Board, and KRW 7,190,40 as a result of the appraisal by the said Appraisal Board; hereinafter referred to as the “assessment of objection”): The absence of any dispute, Gap’s 1,

2. The amount of compensation for the instant land as determined by the Plaintiff’s assertion acceptance ruling was calculated without considering the Plaintiff’s purchase cost of the instant land at all without considering the Plaintiff’s purchase cost of KRW 25,00,000.

Therefore, the amount of compensation for the Plaintiff should be increased by 17,876,800 won (=25,000,000 - 7,123,000 won) which is the difference between the Plaintiff’s above purchase cost of KRW 25,00,00 and the amount of compensation of KRW 7,123,00 as stipulated in the adjudication of expropriation.

3. Determination

A. In the case of a claim for increase in compensation under Article 85(2) of the Land Compensation Act, the burden of proving that the amount of reasonable compensation exceeds the amount of compensation as stipulated in the adjudication of expropriation. The plaintiff bears the burden of proving that the amount of compensation is more reasonable than the amount of compensation as stipulated in the adjudication of expropriation.

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