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(영문) 서울고등법원 2016.11.08 2016누31038
손실보상금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business approval and public notice (hereinafter referred to as "project approval and public notice" in this case - Business name: C Business name - Public notice: Gyeonggi-do public notice on July 4, 2012 - Project operator: Defendant;

B. The ruling of expropriation made on April 14, 2014 by the Gyeonggi-do Local Land Tribunal on expropriation - The land subject to expropriation is the land subject to expropriation, and the obstacles are referred to as “instant obstacles” in the attached Form 661 square meters and the obstacles indicated in the attached Table (hereinafter referred to as “land subject to expropriation”), in the time of the realization owned by the Plaintiff: Total amount of 130,432,000 won (i.e., land 119,310,500 won) - the date of commencement of expropriation: May 29, 2014.

The Central Land Tribunal’s ruling on October 23, 2014 - The content of the ruling: The Plaintiff’s assertion that the instant land is evaluated as “site” and the compensation for losses is increased; the appraiser does not accept the Plaintiff’s assertion: Korea Standards Appraisal Corporation and the Central Appraisal Corporation (hereinafter referred to as “appraisal”)

D. Results of the commission of appraisal to appraiser F of the first instance court (hereinafter “court appraisal”) - Contents of appraisal: 135,125,100 won in total: The above appraiser selected the actual utilization of the land of this case as “former” and assessed the compensation for losses of this case as KRW 124,003,60 in comparison of the point of time revision, regional factors, individual factors, and other factors, and assessed the compensation for losses of this case’s land at KRW 11,121,500 in addition to the appraisal, on the ground that it is difficult to verify the present condition due to the loss at the time of the onsite investigation, etc., the above appraiser assessed the compensation for losses of the obstacles of this case as KRW 11,121,500 in accordance with the appraisal by considering the actual utilization of the land of this case as “former”.

E. The result of the commission of appraisal and supplementation to F of the party-review appraiser F (hereinafter referred to as “court appraisal and supplementation”) - The above appraiser considers the actual state of use of the instant land as “site”.

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