logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.01.03 2018누75544
손실보상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff S among the claims extended by this court is as follows.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: U redevelopment and rearrangement project - Project implementer: Defendant - A public announcement of project approval: May 7, 2015;

B. Decision on expropriation made on October 28, 2016 by the local Land Tribunal of Seoul Special Metropolitan City: The object of expropriation is described in the item of “subject matter of expropriation” in the attached Table.

(hereinafter referred to as "objects subject to expropriation of this case") - The date of commencement of expropriation: December 16, 2016 - Compensation for losses: Each entry in the item of "compensation for adjudication on expropriation" in the separate sheet.

- 감정평가법인 : ㈜W, ㈜X

C. The Central Land Tribunal rendered an objection on September 21, 2017 (hereinafter “instant objection”) - Compensation for losses: Each entry in the separate list of “compensation for losses”.

- An appraisal corporation: YAR and a LABR

D. Results of the appraisal by the appraiser of the first instance court (hereinafter “the appraisal by the court of the first instance”): Compensation for losses: Each entry of the items “the amount of the court appraisal by the court of the first instance” in the attached list.

E. Results of the appraisal by an appraiser at the trial (hereinafter “court appraisal”) - Compensation for losses: Each entry in the item of “amount of appraisal at the court of the trial” in the separate sheet.

[Ground for recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), each appraisal result of the first instance appraiser AA and the party appraiser BM, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion is that the amount of compensation and the amount of the court's appraisal at the court of first instance cannot be deemed a reasonable amount of compensation. Thus, the plaintiffs' claim for additional compensation equivalent to each amount stated in the revised purport of compensation.

B. In a lawsuit concerning the increase or decrease of land expropriation compensation in the relevant legal principles, each appraisal and court appraiser, which form the basis for the ruling, are considered in consideration of the price factors other than goods, without any illegality in the assessment methods.

arrow