Text
1. The Defendant’s KRW 11,505,450 as well as 5% per annum from February 8, 2018 to February 11, 2019 to the Plaintiff.
Reasons
1. Details of ruling;
(a) Project approval and the name of the publicly notified project: Notice C, Ulsan-gun, Ulsan-gu, Ulsan-do, and March 3, 2016;
The object of expropriation by the local land expropriation committee of Ulsan Metropolitan City on December 14, 2017: The date of commencement of expropriation of 333 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, and 34 square meters in E-do (hereinafter referred to as “instant land”): Compensation for losses on February 7, 2018: 242,550,300 won:
(c) The fact that the Central Land Tribunal has no dispute over an increase of compensation for losses in KRW 263,010,550 (based on recognition), Gap's evidence Nos. 1, 2, Eul's evidence Nos. 1, 2, and 2, and the purport of the whole pleadings, following the ruling of acceptance by the Central Land Tribunal on May 24, 2018
2. Since the Plaintiff’s assertion, adjudication of acceptance and objection, and compensation for losses on the instant land fall short of reasonable compensation, the difference between the compensation for losses and the compensation for losses as determined by the adjudication shall be paid after calculating reasonable compensation for losses.
3. Determination
(a) In a lawsuit concerning the increase or decrease of compensation for the adoption of the appraisal results, where the appraisal by each appraisal agency which forms the basis for the adjudication and the appraisal by an appraiser selected by the court differently from the appraisal by the comparison of individual factors, etc., if any difference occurs in the appraisal results, whether to choose any one of the appraisal shall, in principle, belong to
(See Supreme Court Decision 2002Du4679 Decided January 28, 2005, and Supreme Court Decision 2015Du2963 Decided November 12, 2015). In the adjudication of expropriation of the instant case, both an appraiser, appraiser in the objection ruling, and appraiser in the court’s appraisal of the instant land would be deemed to have lawfully assessed the instant land in accordance with relevant Acts and subordinate statutes. The instant court ought to calculate a reasonable amount of compensation based on the court’s appraisal, which appears that the characteristics of the instant land and all factors associated with the price formation are more appropriate.
(b) a result of the commission of appraisal to the G appraiser F (G appraiser's office) of this Court.