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(영문) 수원지방법원 2019.05.23 2017구합69299
손실보상금 증액 청구의 소
Text

1. The Defendant’s KRW 35,059,880 for the Plaintiff and its related KRW 5% per annum from September 15, 2017 to May 23, 2019.

Reasons

1. Details, etc. of ruling;

(a) Project approval and notification 1) Project name: A project redevelopment and rearrangement project in the B district in Ansan-si (hereinafter referred to as the “instant project”);

2) Public notice of authorization for project implementation: Defendant 3 project implementer public notice of Ansan-si on September 22, 2015

B. Objects to be expropriated by the Gyeonggi-do Regional Land Tribunal on July 31, 2017 (hereinafter “instant expropriation ruling”): Buildings listed in the attached Table (hereinafter “instant building”)

(2) The date of commencement of expropriation: Compensation for losses: 73,00,000 won: D and E

C. The appraisal result of the appraiser F (hereinafter “court appraiser”)’s appraisal result (hereinafter “the above appraisal result”) and the appraisal result of this court’s appraiser F (hereinafter “court appraiser”) based on the fact-finding about the appraiser F of this court: 108,059,880 won: the appraised based on the land is a Class-I general residential area: 108,481,440 won (based on recognition): The appraised based on the land is a Class-II general residential area; 108,481,440 won (based on recognition); 1 through 3 evidence; 1 through 3 evidence; 1 through 4 evidence (including each number; hereinafter the same shall apply); the appraisal result of the appraiser F of this court; the inquiry result about the appraiser F of this court’s appraiser F; the purport

2. The assertion and judgment

A. Since the compensation amount determined by the adjudication on expropriation of the building of this case does not considerably exceed the market price of the building of this case, the defendant is liable to pay to the plaintiff 35,481,440 won and damages for delay corresponding to the difference between the legitimate compensation amount of the building of this case and the above compensation amount.

B. It is as stated in the attached Form of the relevant statutes.

C. The appraisal of the relevant legal principles 1 is nothing more than the use of such knowledge or experience as an auxiliary means of determination if a court requires special knowledge or experience in order to determine certain matters, so there are several different arguments as to the same facts in the lawsuit on the increase or decrease of compensation.

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