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(영문) 대구지방법원 2020.11.19 2019구합24277
보상금증액 청구의 소
Text

The defendant against the plaintiffs with respect to each of the above amounts and each of the above amounts stated in the attached Form 1 compensation statement.

Reasons

1. Details, etc. of ruling;

A. 1) Project name: L (hereinafter “instant project”)

(2) A public announcement of project approval: Public announcement of the designation of a renovation project district of an industrial complex, approval and public announcement of a renovation implementation plan, public announcement of land tax items (public announcement M in Daegu Metropolitan City on December 30, 2013, N in Daegu Metropolitan City on May 20, 2015, public announcement of Daegu Metropolitan City on December 30, 2015, O in Daegu Metropolitan City on December 30, 2015, and P in Daegu Metropolitan City on September 11, 2017): Defendant.

B. Objects to be expropriated by the Daegu Metropolitan City Regional Land Expropriation Committee on November 27, 2017: Each land and things on its ground (hereinafter “instant land and things on obstacles”) indicated in the separate sheet of compensation payment in attached Table 1 owned by the Plaintiffs.

(2) The date of commencement of expropriation: Compensation for losses on January 15, 2018: The amount indicated in the column for “adjudication of expropriation” in the attached Table 1 compensation statement; 4) An appraisal corporation: Q and R Co.

C. The Central Land Tribunal’s ruling on July 25, 2019 (1) compensation for losses: The same shall apply to the amount indicated in the column of “Objection” in the attached Table 1 compensation statement; 2) An appraisal corporation: S and T Co.

D. Compensation for losses as a result of the court’s commission of appraisal by U.S. (hereinafter “court’s appraisal”): The same shall apply to the amount indicated in the “court’s appraisal amount” in the attached Form 1 compensation list.

[Ground of recognition] without any dispute, Gap's 1, 2, Eul's 1 through 5 (including a Serial number), the result of the appraisal commission to the appraiser U of this court, the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. 1) The parties’ assertion 1) The reasonable compensation for the instant land and obstacles is based on the court’s appraisal. As such, the Defendant is obligated to pay the Plaintiffs the difference between the compensation determined by the ruling and the reasonable compensation, and the damages for delay from the date following the date of expropriation. 2) The Defendant’s argument that the court appraisal of the Plaintiff G, H, J and K (hereinafter “Plaintiff G, etc.”) is the business compensation amount for the Plaintiff G, H, J and K (hereinafter “Plaintiff G etc.”).

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