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(영문) 광주지방법원 2015.01.22 2014구합52
손실보상금
Text

1. The part concerning the claim for compensation of obstacles in the lawsuit in this case shall be dismissed.

2. The defendant shall pay 1,025,000 won to the plaintiff and this shall apply.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Railroad closed Line Park Construction Corporation (B Park): Project operator: Horse City-Public notice C on April 19, 2013,

B. Jeonnam-do Local Land Expropriation Adjudication 1) - The date of expropriation adjudication: June 14, 2013 (hereinafter “instant expropriation adjudication”): The date of expropriation adjudication

- Subject to confinement - The date of expropriation - The compensation for losses on July 29, 2013: The amount of compensation for losses calculated on the basis of the arithmetic mean of the respective appraisal results of two appraisal business entities and the amount of compensation for losses - The amount of compensation for losses 10,975,000 won: The Gwangju Appraisal Office, the stock company, the corporation Scenic Appraisal Corporation (hereinafter referred to as the “appraisal for expropriation”) shall be the results of the appraisal, and the appraisal shall be referred to as “appraisal for expropriation.”

2) Correction Ruling - Date of Correction Decision: July 26, 2013 - Contents of Correction: Correction of the parcel number of D land in the instant expropriation ruling to Simpo E (hereinafter “instant land”): The starting date of expropriation: August 26, 2013.

The Defendant’s deposit of the Defendant’s compensation money was rejected by the Plaintiff, and on August 26, 2013, deposited KRW 110,975,000 as compensation money for the land by designating the deposited person as the Plaintiff.

With respect to the adjudication on acceptance of the instant case by the Central Land Expropriation Committee, the Plaintiff filed an objection on the grounds that the amount of compensation is lower than the market price. On November 21, 2013, the Central Land Expropriation Committee rendered a ruling dismissing the Plaintiff’s objection on the ground that the amount of compensation for losses in the adjudication on expropriation of the instant case is adequate

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3, 8, and 10 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. In addition to the following cases, the Plaintiff’s assertion should be calculated by calculating the arithmetic mean of the values appraised by three appraisal business entities: Provided, That two appraisal business entities are deemed to be an appraisal business entity.

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