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(영문) 수원지방법원 2019.09.19 2018구합70241
손실보상금 증액의 소
Text

1. As to each of the Plaintiffs’ KRW 26,078,430 and each of them, 5% per annum from February 10, 2018 to September 19, 2019.

Reasons

1. Details of ruling;

A. Outline of the rearrangement project - Business Name: C Housing redevelopment rearrangement project - Business Area: D Day (48,204.9 square meters): Defendant - Project implementer: The public notice of the authorization to implement the project on May 27, 2015: E public notice of the authorization to implement the project: The Plaintiffs share 1/2 shares each of the obstacles, such as buildings, etc. indicated in the attached Table on the ground (hereinafter referred to as “in this case’s obstacles”).

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on December 26, 2017 (hereinafter “instant expropriation ruling”): The instant land and obstacles - the date of expropriation: 1,066,527,750 won each (i.e., 909,850,000 shares in the instant land 1/2 shares in KRW 156,67,750) - An appraisal corporation, G and H:

C. The Central Land Tribunal rendered an objection on August 23, 2018 (hereinafter “instant objection”): 1,079,290,250 won each (i.e., 922,764,00 shares in the instant land in KRW 1/2 shares in KRW 156,526,250) - An appraisal corporation: I and J.

D. In the case of preservation of evidence requested by the Plaintiffs (U.S. District Court 2018Da3306), the court appraiser K’s appraisal (hereinafter “court appraisal”) - Compensation for losses: KRW 1,105,218,680, respectively (i.e., KRW 939,20,000, KRW 16,000, KRW 166,018,680, KRW 1,200, KRW 120, KRW 166,00, KRW 680, KRW 1,200, KRW 1,200, KRW 166,00, KRW 1680, KRW 1,200, KRW 2,4,5, and KRW 2,30, KRW 2,4

2. The assertion and judgment

A. 1) The Plaintiffs’ assertion 1) The Plaintiffs’ compensation under the instant objection ruling is too low, and thus contravenes the principle of fair compensation as stipulated by the Constitution. 2) The court’s appraisal did not accurately reflect the value of the instant land and obstacles for the following reasons.

(1)

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