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(영문) 부산지방법원 2016.01.22 2015구합692
손실보상금
Text

1. The defendant's KRW 45,621,692 for each of the plaintiffs and 5% per annum from September 12, 2014 to January 22, 2016, respectively.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: C Housing redevelopment and rearrangement project - Project implementer: Defendant - Public notice of project implementation authorization: D public notice of Geumcheon-gu Busan Metropolitan City on August 8, 2012, and public notice E of Geumcheon-gu Busan Metropolitan City on April 2, 2014;

B. Adjudication on expropriation by July 14, 2014 of the Busan Metropolitan City Regional Land Expropriation Committee - Land subject to expropriation: Each land indicated in the separate sheet on the details of compensation owned by the Plaintiffs (hereinafter “each land of this case”) - The starting date of expropriation: September 11, 2014.

The Central Land Expropriation Committee 2015

1. 22. The ruling on the objection of this case (hereinafter referred to as "the ruling on the objection of this case") - The contents of the ruling are as shown in the column of "amount of the ruling" in the attached compensation statement.

As a result of the court’s commission of appraiser F to the appraiser F - The appraiser F, at the time of this court’s commission, assessed as follows: (a) the market price at each of the instant lands does not correspond to the land of a complex; and (b) the market price at each of the instant lands does not correspond to the land of a complex; and (c) the amount of each of the instant lands falls under the case;

(A) Of them, each of the entries in Gap evidence Nos. 1 through 3 (including each number of branches), and the purport of the whole pleadings, where each of the lands of this case is deemed land of a complex (hereinafter referred to as "court appraisal"). 【The ground for recognition】 there is no dispute

2. The assertion and judgment

A. The plaintiffs' assertion of this case and compensation for losses under the adjudication on acceptance of this case and the ruling on objection should be increased since they are considerably below the market price. Since each of the land in this case was used as a car center site and it cannot be used separately, it should be assessed as a complex.

B. As to whether each land of this case should be assessed as a group of land, the appraisal of land shall be conducted individually for each object, provided that a group of lands is indivisible for the purpose of use.

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