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1. The Defendant’s KRW 17,412,400 as well as 5% per annum from November 23, 2016 to June 17, 2020 to the Plaintiff.
Reasons
1. Details, etc. of ruling;
(a) Name of the project and that of the public announcement of the project approval B: The implementer of the C ( August 28, 2015) public notification of the Ministry of National Defense: The head of the National Defense Facilities Headquarters;
B. Land and obstacles subject to the expropriation ruling by the Central Land Expropriation Committee on September 29, 2016: 659 square meters prior to Daegu-dong-gu D (hereinafter “1 land”); 1,048 square meters prior to Daegu-dong-gu E (hereinafter “2 land”); and compensation for expropriation of obstacles, such as each ground warehouse, trees, etc. (hereinafter “instant obstacles”): 519,484,040 won (i.e., each of the instant obstacles of KRW 496,395,60) and each of the instant obstacles of KRW 23,08,440 (hereinafter “instant obstacles”) on November 22, 2016: the starting date of expropriation:
Compensation for an objection to the adjudication made by the Central Land Expropriation Committee on May 25, 2017: 540,278,190 won (i.e., each of the instant lands of KRW 516,367,500) 23,910,690: F. G
D. The reasonable value of each of the instant land and obstacles was assessed as KRW 557,377,090 on February 6, 2018 (i.e., each of the instant obstacles at KRW 533,465,400 on each of the instant lands at KRW 23,91,690 on each of the instant lands at KRW 533,465,40 on the basis of the date of adjudication of expropriation.
E. On July 12, 2019, the Plaintiff filed an application for re-appraisal, claiming that “(i) the selection of a standard for comparison of each of the instant lands and the assessment of individual factors was erroneous; (ii) even though each of the instant lands should be assessed as one parcel, it was separately assessed; and (iii) the appraisal value is remarkably low compared to the neighboring compensation cases.”
Accordingly, on July 24, 2019, the court entrusted appraiser I with the appraisal of each of the instant lands, and on September 17, 2019, the result of the commission of appraisal by the second court (hereinafter “the result of appraisal by the second court”) assessed each of the instant lands equally and assessed the adequate value as KRW 533,778,90 on the basis of the date of the ruling of expropriation.
F. Meanwhile, an adjudication appraiser;