1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant obtained designation of planned area under Article 3 of the Housing Site Development Promotion Act and approval of a development plan under Article 8 for the project implementer of B housing site development project (hereinafter “instant project”), and the Minister of Land, Transport and Maritime Affairs announced it on February 6, 2009 (Public Notice of Ministry of Land, Transport and Maritime Affairs C).

B. The Defendant filed an application for adjudication as to the 71 factory facilities installed in the Seo-gu Incheon Metropolitan Government D factory located in the instant project zone (hereinafter “instant factory facilities”) that did not reach an agreement with the Plaintiff, and the Central Land Tribunal rendered a ruling on June 8, 2017, on which the amount of compensation for losses for the factory facilities of the instant case is KRW 62,90,000 (hereinafter “instant ruling”).

C. Meanwhile, as a result of the court’s entrustment of appraisal to E, the amount of compensation for the factory facilities of this case was assessed as KRW 62,700,000.

[Ground of recognition] Each entry of Gap evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), the result of this court's entrustment to appraiser E, the purport of the whole pleadings

2. The assertion and judgment

A. As the Plaintiff’s written appraisal that forms the basis of the instant judgment does not have any explanation as to the price determination factors, it is difficult to find out the basis for calculating the facility price. Thus, the instant judgment that sets the amount of compensation for losses is unlawful. The Defendant is obligated to pay the Plaintiff the transfer cost of KRW 174,024,00 to the Plaintiff with due compensation for losses for the factory facilities.

B. (1) The Plaintiff bears the burden of proving that in a lawsuit claiming the increase in compensation for losses under Article 85(2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, the amount of reasonable compensation is higher than the amount of compensation stipulated in the adjudication of expropriation. Although the adjudication of expropriation is illegal due to the illegality of the appraisal, the burden of proof is alone.