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(영문) 대전지방법원 2015.10.28 2015구합100609
손실보상금
Text

1. The Defendant’s KRW 21,476,150 for the Plaintiff and KRW 5% per annum from August 19, 2014 to October 28, 2015.

Reasons

1. Details of ruling;

(a) Business name - Business name - Business name - Defendant - Business site - Business site - Defendant - Dong-gu, Daejeon: Notice D, May 11, 2012, and Notice E, of Daejeon Metropolitan City on June 27, 2013;

B. Adjudication on expropriation by the local land tribunal of Daejeon Metropolitan City on June 23, 2014 - Date of expropriation: 1/2 equity of the Dong-gu, Daejeon Special Metropolitan City on August 18, 2014 - Before 2014: Ga-gu, Daejeon Special Metropolitan City: 1/2 equity of the Plaintiff’s 2,291 square meters; 1/2 equity of the GJ 95 square meters, and 2,085 square meters prior to H (hereinafter “land to be expropriated”) and obstacles attached thereto - Compensation: Tri-il appraisal corporation and land to be expropriated by taking an arithmetic mean of the respective appraisal results of the appraisal results of the appraisal corporation and the appraisal corporation: 39,129,770 won, and the compensation for obstacles shall be calculated as KRW 406,246,270 (hereinafter “adjudication on expropriation”).

(c) The Central Land Tribunal’s ruling on January 22, 2015 - Compensation: 412,166,50 won for the land to be expropriated in an arithmetic mean of the respective appraisal results of the Korea Standards Appraisal Corporation, the Gyeongil Appraisal Corporation, and the Gyeongil Appraisal Corporation, and the compensation amount of KRW 7,390,56,50 for the obstacles (hereinafter “assessment on objection”) shall be increased to KRW 419,56,500 for the land to be expropriated (hereinafter “appraisal on objection”).

(d) The court’s entrustment of appraisal - Compensation for loss - The sum of KRW 441,03,762,650 of compensation for obstacles and KRW 7,270,650 of compensation for obstacles and KRW 441,032,650 of compensation for obstacles (hereinafter “court appraisal”) - An appraisal corporation: The fact that there is no dispute as to the ground for recognition, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 3, and 4 (including each serial number), the result of this court’s entrustment of appraisal, the purport of the entire pleadings, as a result of this court’s entrustment of appraisal.

2. Whether to increase compensation for losses;

A. Since the Plaintiff’s assertion, expropriation, appraisal and objection appraisal are erroneous in the selection of compensation precedents or comparison of individual factors, etc., and thus, they erred by excessively lowering the amount of compensation for the land to be expropriated in the instant case, the said land is subject to the court appraisal.

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