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(영문) 창원지방법원 2016.10.18 2015구합22132
손실보상금
Text

1. The Defendant’s KRW 41,456,010 as well as 5% per annum from July 18, 2015 to October 18, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1) Project name: B development project (hereinafter referred to as “instant project”);

(2) Notice 2: Defendant 3 project operator, including Kimhae-si Notice C:

B. From among the ruling of expropriation made by the Gyeongnam-do Regional Land Expropriation Committee on May 29, 2015, the part concerning the instant case is subject to expropriation: 600 square meters for D miscellaneous land in Kimhae-si and 2,402 square meters for E 2,402 square meters (hereinafter collectively referred to as “instant land”).

(2) and obstacles 2) The date of commencement of expropriation: 1,194,286,130 won in total (254,460,60,800 won in the instant land 815,000,000 won in Kimhae-si, Kim Jong-si, Kim Jong-si, 600 square meters in E 2,40,626,800 square meters in 379,626,80 won in 379,19,30 won in total) : The Korea Appraisal Board and the Korean Certified Public Appraisal Board (hereinafter referred to as the “appraisal”) and the Korean Certified Public Appraisal Board (hereinafter referred to as “the adjudication”), and the amount of compensation calculated by taking an arithmetic mean of the results of appraisal (hereinafter referred to as “adjudication appraisal”).

C. On July 15, 2015, the Defendant deposited KRW 1,194,286,130 as a total of compensation for losses due to the above ruling of expropriation. The Plaintiff reserved an objection and received the said deposit around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 and 6 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Ruling contains an error of error in the selection of comparative standard land, and there is an error of excessively lowering the amount of compensation in consideration of other individual factors and other factors. Accordingly, the amount of compensation for the instant land and obstacles should be increased according to the court’s appraisal. Therefore, in the case of automatic transplantation among obstacles, it is virtually impossible to use the same again after decomposition and relocation to another place. Thus, the appraised amount of compensation should be assessed as acquisition price.

B. 1) The land of this case is located near the GI.C. located in Kimhae-si, GI.C., and its surrounding areas are summarized.

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