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(영문) 대전지방법원 2016.04.14 2015구합101305
손실보상금
Text

1. The Defendant’s KRW 24,327,100 for the Plaintiff and KRW 5% per annum from July 16, 2014 to February 15, 2016.

Reasons

1. Details of ruling;

(a) Recognition and Public Notice of Projects - Project Name - Public Notice of waterfronts Development Project (B): C project operator announced by the Ministry of Land, Transport and Maritime Affairs of December 14, 2012 - Defendant:

(b) The Central Land Tribunal’s ruling of expropriation on May 22, 2014 - Subject to expropriation: The Busan Gangseo-gu Busan Metropolitan Government (hereinafter “instant land”): The amount of compensation: 544,564,400 square meters: July 15, 2014 - An appraisal corporation, one appraisal corporation, and the Korea Appraisal Board.

(c) The Central Land Tribunal’s ruling on an objection made by February 26, 2015 - Amount of compensation: 563,451,900 won - An appraisal corporation: the light appraisal corporation, light-day appraisal corporation, and substitute appraisal corporation for the appraisal corporation [based on recognition] Gap, evidence 1, 2, and Eul’s evidence 1 through 4 (including each number of branches if any) and the purport of the whole pleadings;

2. The assertion and judgment

A. Since the Plaintiff’s assertion acceptance ruling and its objection appraisal corporation did not closely examine various correction factors under relevant Acts and subordinate statutes, such as the land use plan and current status, etc., and assessed excessively undermining the compensation for the instant land as determined by the expropriation ruling and its objection ruling, the Defendant should pay the Plaintiff the difference between the compensation duly determined and the compensation determined in the appraisal by the court appraiser’s appraisal.

B. In a lawsuit concerning the increase or decrease of one compensation amount, in a case where the appraisal by each appraisal agency and the appraisal by a court appraiser are not illegal in the appraisal method, and there is no other reason in the appraisal method, and there is a difference in the appraisal result due to a somewhat different difference in the appraisal result, it is to adopt any one of the appraisal methods and recognize it as a legitimate compensation amount, unless there is any evidence to prove that there is an error in the content of the individual assessment comparison among them.

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