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(영문) 부산지방법원 2015.10.16 2015구합1350
토지보상금증액
Text

1. The defendant is composed of KRW 3,603,90, KRW 2,392,300, KRW 3,831,800, and KRW 3,800 to the Appointed C.

Reasons

1. Details of ruling;

(a) Business name: An industrial complex development project (D general industrial complex): Defendant - A project operator: The public notice of the approval of an industrial complex plan: F public notice of the Busan Metropolitan City public notice E on March 3, 201, July 6, 201; G public notice of December 11, 2013; HH of the same public notice on January 15, 201; and April 2, 2014;

B. Decision on expropriation made on June 16, 2014 by the Regional Land Tribunal of Busan Metropolitan City - Subject to expropriation: The land owned by the plaintiff (Appointed Party) and the designated parties within the rearrangement project zone is indicated in the annexed Table 2 “land subject to expropriation” column.

- Date of commencement of expropriation: August 11, 2014 - Compensation for losses: as stated in the column for “adjudication on expropriation” in attached Table 2.

C. The Central Land Tribunal’s ruling on an objection made on March 26, 2015 - Contents of the ruling: The same shall be as indicated in the column for “adjudgment amount” in the attached Table 2.

The result of the commission of appraisal to the central appraisal corporation of this Court (hereinafter referred to as "court appraisal") - Contents of appraisal: The contents of appraisal are as shown in the column of "court appraisal amount" in attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number in the case of additional evidence), the result of the above appraisal commission, the purport of the whole pleadings

2. The assertion and judgment

A. The compensation for losses determined by the Plaintiff (Appointed Party)’s assertion was insufficient in light of the current state of land to be expropriated and the price of neighboring land, etc. as in the adjudication of expropriation, and thus unfair.

Therefore, the defendant is obligated to pay the difference between the amount of compensation according to the result of the court appraisal and the amount of compensation for objection, and damages for delay to the plaintiff (appointed party) and the appointed party.

(b) insofar as there are several appraisal of the same fact in a lawsuit concerning the increase or decrease of compensation for judgment, and there is no evidence to prove that any one of them has an error, the court's adoption of any one of the appraisal belongs to the court's discretion.

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