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(영문) 수원지방법원 2018.09.04 2018구합61926
수용재결취소등
Text

1. The Defendant: KRW 5,57,300, respectively, to the Plaintiff (Appointed Party) and the appointed parties; and the Defendant’s number from March 16, 2018 to September 4, 2018.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business title - Business title: A project for planned urban planning facilities of Pyeongtaek-gun (B) (hereinafter referred to as “instant project”): - Public notice C of Eunpyeong-gun on July 11, 2017 - Project operator C: Defendant

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on January 29, 2018 - Land subject to expropriation: Gyeonggi-do District Land Tribunal (hereinafter referred to as “instant land”) located within the instant project zone - The date of commencement of expropriation: March 15, 2018 - Compensation for losses: 136,597,500 won for each of the Plaintiff and the designated parties - An appraisal corporation: An appraisal corporation and one appraisal corporation (hereinafter referred to as “appraisal of expropriation”)

C. Results of appraiser E’s appraisal (hereinafter “court appraisal”) - The court appraisal results: The fact that there is no dispute over the appraisal of the instant land at KRW 284,309,600 (applicable to recognition), each entry of Gap evidence Nos. 1 through 5, the result of the court appraisal, and the purport of the entire pleadings

2. The Plaintiff’s assertion was part of the F, which was part of the Hyeong-gun, and the Defendant arbitrarily divided the land for the construction of the road, and the appraisal of the instant land must be conducted as a whole prior to its subdivision.

In addition, in comparison with the appraisal result in the real estate auction procedure (Seoul District Court H) with respect to the land equivalent to the Gyeonggi-do family G, Pyeongtaek-gun G, Gyeonggi-do, and the transaction cases of neighboring similar land (the Gyeonggi-do Government District Court H), the appraisal of expropriation and the court appraisal (hereinafter “each appraisal of this case”) shall be calculated by mistake in the amount excessively lower than the amount.

Therefore, the Defendant, who is a project operator, should pay the Plaintiff and the Selections the difference between each reasonable compensation and the amount of compensation for loss as stipulated in the adjudication of expropriation [26,852,50 won = = 163,450,00 won per square meter of the instant land x 700,000 square meter x 467 square meter x 1/2) - 136,597,50 won for compensation for expropriation adjudication x 1/2] and delay damages therefrom.

3. Determination A.

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