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(영문) 부산지방법원 2018.09.06 2017구합22047
보상금증액
Text

1. The Defendant’s KRW 282,200,800 as well as the annual rate of KRW 5% from April 15, 2017 to July 2, 2018, and the following.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: B housing redevelopment project - Project implementation district: Seo-gu Seoul Special Metropolitan City (hereinafter referred to as “instant improvement zone”): The defendant - Public notice of business approval: D public notice of Seo-gu Busan Metropolitan City on June 13, 2012, E on September 17, 2013, and public notice of Seo-gu Busan Metropolitan City on October 7, 2015;

B. The Busan Metropolitan City Regional Land Tribunal’s ruling on expropriation (hereinafter “instant ruling on expropriation”) on February 20, 2017 - The expropriation object: Seo-gu Busan Metropolitan City G (hereinafter “instant land”) and obstacles, such as buildings on the ground, etc. on which the Plaintiff owned (hereinafter “instant obstacles”) - The expropriation date: April 14, 2017: H and I Co., Ltd. (hereinafter “appraisal on expropriation”) - Compensation for losses: 409,587,500 won (i.e., the instant obstacles of KRW 61,715,500)

C. The Central Land Tribunal’s ruling on objection (hereinafter “instant ruling”) dated 23, 2017 - An appraisal corporation J and K (hereinafter “Appraisal on Objection”) - Comparison standard land: 436,506,70 won (=compensation land of 374,791,200 won on the instant land and 61,715,500 won)

D. The court’s commission of appraisal for appraiser M (hereinafter “court’s appraisal”) - Compared standard land: 718,707,500 won (i.e., the land of this case 656,92,00 won) (i.e., the land of this case 61,715,500 won) (i.e., the ground for recognition) / the absence of dispute; (ii) Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply); (iii) 2, 3, and 5 of the evidence; (iv) the statement of each appraisal commission for appraiser M; and (v) the entire purport of the pleadings, as a result of the court’s commission of appraisal for appraiser M;

2. The parties' assertion

A. The plaintiff's assertion that compensation for losses under the ruling on the objection of this case is significantly lower than the market price, so it shall be increased, and it shall be based on the court's appraisal.

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