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(영문) 청주지방법원 2016.07.07 2015구합702
손실보상금
Text

1. The defendant is the plaintiff (appointed party); KRW 142,072; KRW 187,795; and the plaintiff (Appointed party); and

Reasons

1. Details, etc. of ruling;

(a) Business name - Project name: C development project - Defendant - Public Notice: D Public Notice of Monosan on January 20, 2012

(b) The adjudication of expropriation made on June 17, 2014 by the local land expropriation committee of Chungcheongbuk-do - subject to expropriation: FY 615.8 square meters, G 89.9 square meters, H 528.5 square meters (hereinafter “ net E-owned land”), Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-do, B (hereinafter “designated B-owned land”): Compensation KRW 35,505,540, and 28,110,160 won for the land owned by the Selection-owned B-owned land

(c) The Central Land Tribunal’s ruling on June 25, 2015 - Details of the ruling: 35,64,860 won for the network E-owned land, 28,110,160 won for the selected land B-owned land;

(d) The result of commission of appraisal by this Court (hereinafter “court appraisal”): Compensation - The land owned by the network E, 36,639,370 won, and land owned by the Selection B, 28,203,240 won.

E. On September 5, 2015, the deceased E’s death and the deceased’s taking-off of the lawsuit, etc. The inheritor died on September 5, 2015, and there were the Plaintiff (Appointed Party) who is the husband, the designated parties B, and the remaining designated parties, and they took over the case of the deceased E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the result of the commission of appraisal to the Japanese appraisal corporation of this court, the purport of whole pleadings

2. The compensation for losses due to the adjudication on the land owned by the Plaintiff (Appointed Party) and the land owned by the Plaintiff (Appointed Party) was assessed at a significantly lower level than the market price as it reflects erroneous appraisal by failing to properly reflect the transaction examples and compensation examples of neighboring similar land.

Therefore, the defendant's 18,46,050 won (=54,110,910 won - 35,644,860 won - 35,644,860 won) based on the inheritance shares among the amount of KRW 54,638,07 (=18,46,050 x 3/21, and less than won for calculation convenience; hereinafter the same shall apply) of the difference between the net E's reasonable compensation for losses and the amount of KRW 35,64,860.

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