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(영문) 광주지방법원 2017.04.20 2015구합13130
손실보상금증액청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: B development project (hereinafter referred to as “instant project”): Defendant - Public announcement of project implementation authorization on March 26, 2015

B. The date of expropriation on August 26, 2015 - The date of expropriation on August 26, 2015 of the Jeonnam-do Regional Land Expropriation Committee - the date of expropriation on October 12, 2015: D Forest land No. 1,059 square meters, E forest land No. 680 square meters, F forest land No. 174 square meters (hereinafter “instant real estate No. 1, 2, and 3”): The first real estate of this case: KRW 17,738,250; the second real estate of this case; KRW 15,470; KRW 3:3,958,500; - The appraisal corporation: one appraisal corporation, three appraisal corporations (hereinafter “appraisal”) located in the instant project area; the appraisal of which was conducted by the said appraiser; the purport that the appraisal is “taking expropriation”, “number No. 1, 2, and 174 square meters of forest land”; and the purport that there is no dispute as to the appraisal result;

2. The Plaintiff’s assertion and ruling appraiser are unfair by excessively lowering the value of each real estate of this case.

The defendant shall pay to A the reasonable compensation calculated on the basis of the officially assessed individual land price, the difference between the compensation and the damages for delay arising from the appraisal ruling.

3. Determination

A. On January 1, 2015, the nearest point of the officially announced land price prior to the date of the public notice of authorization for project implementation, the appraiser for the adjudication on expropriation, as a result of the appraisal of expropriation, selected the land price of 1,013 square meters in Yeongdeungpo-gun G G, and H forest and 5,757 square meters as a comparative standard. On January 1, 2015, the date of time adjustment reflecting the land price fluctuation rate based on the officially announced land price as of January 1, 2015, which is the nearest point of the officially announced land price before the date of public notice of authorization for project implementation

Accordingly, compensation for each real estate of this case shall be made by the appraisal of expropriation.

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