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(영문) 광주고등법원 2016.12.22 2016누4521
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Plaintiff sought compensation for land, road, and obstacles in the first instance trial. The first instance court accepted part of the Plaintiff’s claim and dismissed the remainder of the claim.

With regard to this, only the plaintiff appealed and filed an appeal only for the dismissed part of the cost of installing the main stairs, underground entrances, underground storages, and air-conditioning power distribution facilities of the fourth floor among the obstacles (the petition and the petition for correction of the purport of the appeal of October 13, 2016), and the object of the trial on the party shall be limited to the claim of the above four items.

2. Details of ruling;

(a) Project approval and publication - Gwangju Dong-gu B Housing Redevelopment rearrangement Project - Public Notification C of Gwangju Metropolitan City on July 6, 2012 - Project implementer: Defendant;

B. Decision on expropriation made on December 12, 2013 by the Gwangju Metropolitan City Regional Land Expropriation Committee (hereinafter “decision on expropriation”): D (hereinafter “instant land”), the same lot number of 10 square meters (hereinafter “instant road”), buildings on each of the above land (hereinafter “instant building”), and business compensation: 115,98,450 won for the instant land; 5,106,50 won for the expropriation compensation for the instant road; 205,858,100 won for the expropriation of the instant building, etc.; 30,80,80 business compensation for the instant building, etc.; 30,804,00 won for business compensation for the instant land owned by the Plaintiff; and 10:30,804,000 won for each obstacle to the instant building, etc.; and 205,858,100 won for the commencement date of expropriation: An appraisal corporation: a corporation dialogue with an appraisal corporation and an appraisal corporation;

C. The Central Land Tribunal made an objection on August 21, 2014 (hereinafter “Objection”) - Contents of the Decision: 116,348,250 won for the instant land; 5,122,50 won for the expropriation compensation of the instant road; 210,053,200 won for the expropriation compensation of obstacles; and 30,90,000 won for business compensation - An appraisal corporation and future appraisal corporation for a stock company (hereinafter “appraisal for objection”)

(d) for the first instance appraiser E;

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