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(영문) 수원지방법원 2017.10.31 2017구합61363
손실보상금
Text

1. As to Plaintiff A’s KRW 2,644,80, and KRW 3,769,700 to Plaintiff B, and each of the said money, the Defendant shall start from February 21, 2017 to February 2017.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business title - Project title: C (Road 2-4 lines, 3-13 lines, 1-49 lines, 2-44 lines, 2-46 lines, 2-3-62 lines, 3-62 lines), and 22 squares for traffic (hereinafter referred to as “instant project”): Defendant

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on June 27, 2016 - The objects of expropriation: The land listed in paragraph (1) (hereinafter “each land of this case”) and the obstacles owned by the plaintiffs, including obstacles listed in paragraph (2) in the separate list owned by the plaintiffs located within the project zone of this case (hereinafter “in this case”) - The date of commencement of expropriation: The compensation is indicated as the “amount of adjudication of expropriation” in the separate list of the plaintiffs.

C. On January 19, 2017, the Central Land Tribunal rendered an objection on each of the instant lands on January 19, 2017, the Central Land Tribunal increased the compensation for each of the instant lands as indicated in the “amount of the objection” column in the separate sheet, and determined the compensation for the “ waterworks” as KRW 1,500,000 among the obstacles described in the separate sheet No. 2, but decided to dismiss the application for the increase of compensation for the remainder of the obstacles.

Results of expert witness D’s appraisal (hereinafter referred to as “court appraisal results”) - The court appraisal results: The amount of each “court appraisal amount” in the attached Table shall be as stated in the column of each “court appraisal amount.”

2. The compensation determined by the plaintiffs' assertion acceptance ruling or objection ruling is unfair by evaluating the value of each land of this case and the obstacles of this case excessively low, so the defendant shall pay the difference between the reasonable compensation and the compensation determined by the acceptance ruling or objection ruling to the plaintiffs.

3. Determination

A. As a result of the court appraisal, the amount of compensation for each of the instant land and the obstacles of this case shall be calculated lawfully on the basis of the officially announced value of comparative standard land as prescribed by relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

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