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(영문) 부산지방법원 2017.11.17 2016구합22408
손실보상금
Text

1. The Defendant’s 17,915,020 as well as 5% per annum from February 6, 2016 to November 17, 2017 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): B Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”);

2) Project implementer: Publication of project implementation authorization for Defendant 3: Notification C of Dong-gu Busan Metropolitan City on November 26, 2008

B. The date of expropriation on December 14, 2015 of the Busan Metropolitan City Regional Land Expropriation Committee’s ruling of expropriation on December 14, 2015: Subject to expropriation on February 2, 2016: D major 50 square meters (hereinafter “instant land”) owned by the Plaintiff located in the instant project area, and compensation for 8 square meters (hereinafter “instant obstacles”) in the building-to-art sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap 3: An appraisal corporation of this case’s land and 40,691,150 won of the instant obstacles and 40,691,150 won of the instant obstacles: An appraisal corporation and a appraisal corporation of

(c) Compensation money: The Central Land Tribunal’s compensation money: 207,705,00 won for the instant land and the instant obstacles 41,345,200 won for 26 May 26, 2016: The State’s appraisal corporation, the Korea Land Appraisal Corporation, and the Korea Land Appraisal Corporation;

(d) Compensation 1) as a result of appraiser F’s appraisal: 222,250,00 won (per square meter 4,445,000 won) for the instant land and 44,715,220 won for the instant obstacles, without any dispute, and evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) for the instant obstacles;

each entry, the result of the commission of appraisal to the appraiser F of this Court, the result of the commission of each document to the Busan Metropolitan City Regional Land Expropriation Committee and the Central Land Expropriation Committee of this Court, the purport of the entire pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s primary cause of claim 1) The Defendant filed a lawsuit against the Plaintiff seeking reimbursement of unjust enrichment equivalent to the rent on the ground of possession of the instant land after the date of commencement of expropriation, and during the said lawsuit, the appraisal of rent on the instant land (hereinafter “the appraisal of rent”) was conducted.

As of February 5, 2016, the above fee appraisal is calculated on the basis of the value of the land in this case as of February 5, 2016.

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