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(영문) 부산지방법원 2018.06.28 2017구합20836
손실보상금
Text

1. The Defendant’s KRW 497,103,630 for the Plaintiff and KRW 5% per annum from December 7, 2016 to June 28, 2018.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business Name B (hereinafter “instant project”): Defendant - Public notice: C public notice by the Ministry of Land, Transport and Maritime Affairs on December 14, 2012

(b) The Central Land Expropriation Committee’s ruling on expropriation as of October 13, 2016 - The date of expropriation: December 6, 2016 - The date of expropriation: Each land listed in the column for the object of expropriation in the attached Table 1 attached hereto owned by the Plaintiff [the land of this case D, each of which is “D land of this case” and “E land” in each column for the object of expropriation in attached Table 1 attached hereto owned by the Plaintiff.

[] Each obstacle in the category column of the product in the table Nos. 2 and attached Table Nos. 2 (hereinafter “instant obstacle”).

C. The Central Land Tribunal’s appraisal result of an objection made on February 23, 2017 (hereinafter “the appraisal result of the objection”) KRW 282,513,00 in the instant land E- 749,216,250 in the aggregate of KRW 1,065,05,05,40 in the instant obstacles and KRW 2,096,784,650 in the aggregate of KRW 1,065,05,40 in the instant land

(d) As a result of the appraisal of the obstacles of this case in Busan District Court 2017 Ab067 (hereinafter “the result of the appraisal of evidence preservation”): KRW 1,197,163,280;

E. The result of each commission of appraisal (including the result of supplementary appraisal) to the appraiser F of this Court - Each entry of Gap evidence 1 through 3, Eul evidence 1 (including a serial number, hereinafter the same shall apply), and Eul evidence 1 (including the result of supplementary appraisal) on August 22, 2017 (hereinafter referred to as "court first appraisal result") in the instant land E 1,317,325,000 - the result of the appraisal commission made on March 27, 2018 (hereinafter referred to as "the result of the second appraisal of this case") in the instant land E 1,107,975,00 won (which was the result of the appraisal of this case only the land of this case), each entry in the appraisal commission made on August 22, 2017, including the purport of the whole pleadings as a result of the appraisal appraisal conducted on the appraiser F of this Court, each of the supplementary results of the appraisal conducted on the appraiser F of this Court.

2. The assertion and judgment

A. The amount of compensation determined by the adjudication on objection regarding the instant D, E, and obstacles is too low, and the Defendant is entitled to reasonable compensation for losses (i.e., KRW 2,803,238,280 based on the court’s first appraisal and the result of the preservation of evidence (i.e., KRW 1,317,325,000 won).

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