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(영문) 청주지방법원 2019.11.14 2019구합540
손실보상금
Text

1. The Defendant’s KRW 80,712,50 for the Plaintiff and 5% per annum from July 4, 2019 to November 14, 2019.

Reasons

1. Details of ruling;

(a) Business title - Three river maintenance projects (hereinafter referred to as the “instant projects”), including B zones, etc. - Defendant - Public notice of implementation plans: Daejeon Regional Land Management Office on October 13, 2017

B. The Central Land Tribunal’s ruling of expropriation on May 9, 2019 (hereinafter “instant ruling of expropriation”): The date of commencement of expropriation: July 3, 2019 - The object of expropriation: The area subject to expropriation: 94 square meters (hereinafter “instant land”) for the Heungdong-gu Seoul Special Metropolitan City and the area of 2,03 square meters for E preceding 2,03 square meters (hereinafter “instant land”); and the total amount of each of the instant land is collectively referred to as “each of the instant land”). - The amount of compensation for expropriation is KRW 1,627,738,50, and the detailed details are as follows:

Land of this case No. 2 1,058,06,176,500 Total sum 1,627,738,500 of the land of this case, 569,562,00

C. On June 2019, the Plaintiff reserved an objection and received the total of KRW 1,627,738,500 for each of the instant lands as stipulated in the instant expropriation ruling.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The compensation for each of the lands of this case, which was determined by the Plaintiff’s assertion on the expropriation of this case, is assessed to fall considerably below the actual transaction price without considering the actual utilization situation of the land and surrounding environment in violation of the compensation evaluation criteria as follows, and thus, it cannot be deemed a justifiable compensation.

Therefore, the Defendant is liable to pay the Plaintiff KRW 81,00,000 and damages for delay, as the difference between the reasonable amount of compensation for each of the instant lands and the amount of compensation stipulated in the instant expropriation ruling.

In calculating the initial compensation, the first appraisal (hereinafter referred to as "the first appraisal") evaluated that "the rear side of each land of this case is a blind spot," but each land of this case is not a blind spot, because the entire land of this case is surrounded by roads.

In addition, the first.

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