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(영문) 수원지방법원 2019.04.02 2018구합66914
손실보상금
Text

1. The Defendant shall pay to the Plaintiffs each amount of money listed in the separate list of “personal fees” and each of them on Nov. 1, 2017.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Housing redevelopment improvement project for housing redevelopment projects in Ansan-si - Project implementer: Defendant - Public announcement of project implementation authorization on June 21, 2016 and public announcement of Ansan-si on August 8, 2016;

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on September 25, 2017 (hereinafter “instant expropriation”) - The object of expropriation is as described in the item of “object of expropriation” in the attached Table.

(hereinafter referred to as “object of expropriation of this case”) - Commencement date of expropriation: November 9, 2017 - Compensation for losses: Each item of “compensation for expropriation” listed in the separate sheet.

- Certified Public Appraisal Corporation: Q and R

C. The Central Land Tribunal rendered an objection on June 21, 2018 (hereinafter “instant objection”) - Compensation for losses: Each entry in the separate list of “compensation for losses” in the separate list.

- Appraisal Corporation: S. & T.

D. As a result of the appraisal by U.S. appraiser - Compensation for losses: It is as described in the separate list of “court appraisal amount”.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4 (including a paper number), Eul's evidence 1, 2, and 5, the appraiser's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s ruling on the instant objection was unreasonably underassessment of the subject matter of expropriation of the instant case.

Therefore, the defendant should pay the plaintiff the increased compensation according to the result of the court appraisal.

B. In a lawsuit pertaining to an increase or decrease in land expropriation compensation 1, each appraisal and each court appraiser’s appraisal and assessment based on which an objection was raised are based, are consistent with each other’s view in light of the price factors other than goods and others’ price factors. However, in a case where the appraisal and assessment are somewhat different from goods and others’ appraisal and assessment, any one of them shall be deemed to be an appraisal and assessment.

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