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1. The Defendant’s KRW 49,981,850 for the Plaintiff and the Plaintiff’s annual rate from May 19, 2018 to June 10, 2019.
Reasons
1. Details, etc. of ruling;
(a) Project approval and public notice - Project name: Housing redevelopment and rearrangement project in Zone B - Project implementer: Defendant - Public notice: C public notice of Busan Metropolitan City on March 3, 2009;
B. The Busan Metropolitan City Regional Land Tribunal’s ruling of expropriation (hereinafter “adjudication of expropriation”) on March 26, 2018 - Land subject to expropriation on May 18, 2018 - Land and obstacles listed in attached Table 1 (hereinafter “instant land”; - Compensation: KRW 2,061,183,950 of the instant land; KRW 794,034,50 of the instant obstacles - An appraisal corporation D and E (hereinafter “the result of appraisal of expropriation”) conducted by each appraisal corporation;
C. The Central Land Tribunal made an objection on November 22, 2018 (hereinafter “Objection”) - Compensation: 2,110,782,850 won for the instant land; and 825,912,50 won for the instant obstacles - An appraisal corporation F and G (hereinafter “the result of appraisal by each of the said appraisal corporations”)
D. The court appraiser H’s appraisal results (hereinafter “court appraiser”) - Compensation results: 2,160,764,700 won for the land of this case; 812,98,000 won for the obstacles of this case; and 812,98,000 won for the appraisal of obstacles of this case; in particular, the current state during the on-site investigation is changed; there is no dispute over the current state (based on recognition); Gap evidence; Gap evidence 1; Eul evidence 1; Eul evidence 2; Eul evidence 1, 3, and Eul evidence 1 (including additional number); the result of the appraiser I’s appraisal; and the purport of the entire pleadings as a result of the appraisal by appraiser I.
2. The assertion and judgment
A. The Plaintiff’s assertion, the instant expropriation ruling and the instant objection ruling, based on the unlawful appraisal result, assessed the price of the instant land at an excessively low level.
Therefore, the defendant is justified for the plaintiff.