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(영문) 수원지방법원 2016.07.15 2014구합57240
보상금증액
Text

1. The Defendant’s KRW 264,428,00 for the Plaintiff and KRW 5% per annum from September 24, 2013 to November 27, 2015.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: A project to create the Bogeumjari Housing District (fiveths), and hereinafter referred to as the “instant project”);

- Public Notice: The defendant, the project implementer No. 2010-243 announced by the Ministry of Land, Transport and Maritime Affairs on April 27, 2010, No. 2009-1139 announced by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009

(b) The Central Land Tribunal’s adjudication on expropriation by August 22, 2013 - Land to be expropriated: Each land listed in the separate sheet (hereinafter referred to as “instant land” and each of the above land shall be specified as the parcel number of the rooftop road land”) - Compensation for losses: 9,672,248,700 won: The date of commencement of expropriation: An appraisal corporation: the unification appraisal corporation of the Korea Land Appraisal Corporation and one appraisal company.

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated 17, 2014 - Compensation for losses: 9,652,02,200 won: The Central Land Tribunal’s ruling on an objection: The Central Land Tribunal’s ruling on an objection (hereinafter “the compensation for losses”): The Central Land Tribunal’s ruling on an objection (hereinafter “each appraiser’s ruling on an objection”; and the International Land Tribunal’s ruling on an appraisal report; hereinafter “each appraisal report”); the result of the appraisal is referred to as “each appraisal report”; hereinafter “each appraisal report”) / The fact that there is no dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 and 2 (including

2. The assertion and judgment

A. The parties' assertion that the amount of compensation for losses according to each adjudication was either mistakenly selected as a comparative standard or excessively underassessment due to lack of good faith. Thus, the plaintiff asserts that the amount of compensation for losses according to each adjudication is the remainder after deducting the amount of compensation for losses stipulated in the adjudication from the amount of compensation for losses according to the court appraisal, which is a legitimate compensation

In this regard, the defendant is about 11 parcel out of 19 parcels of the plaintiff's land expropriated due to the project of this case, and the defendant deposited the amount of compensation as stipulated in the adjudication of expropriation on the said 19 parcel, and the difference between the compensation amount and the deposited amount as stipulated in the adjudication of acceptance thereafter.

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