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(영문) 서울고등법원 2018.04.05 2016누43796
손실보상금
Text

1. The amendments to paragraphs 1 and 2 of the order of the first instance judgment, including claims extended in the trial, shall be as follows:

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Housing site development (B) - Public notice: The defendant: C, D, April 5, 2012, and the same public notice E, December 24, 2012, and F, April 29, 2013, respectively, announced by the Ministry of Land, Transport and Maritime Affairs on December 31, 208;

B. The Central Land Tribunal’s ruling on expropriation by December 19, 2013 - Land to be expropriated: The land to be expropriated is as indicated below in the column of “land” in the table below:

(hereinafter referred to as “each of the instant lands” and the content of the adjudication: The land category of each of the instant lands is as listed below, on the premise that the land category of each of the instant lands is as listed below, “land category” refers to the amount of compensation for expropriation” of the same Table under the same Table, and on the premise that the amount of compensation for losses is as indicated above, “an amount of compensation for expropriation” shall be 1,195,208,60 won in total, 195,200 won, 2165 (1/2),074,000 2 U 160 (1/2) 69,696,000,000 30,4230,423,750, 205, 306, 165, 207, 305, 47, 465, 205, 206, 207, 360, 465, 475, 1636, 7

2. The assertion and judgment

A. The Plaintiff’s assertion 1) T land, U land, V land, and W (hereinafter “instant land”).

(1) The land category on the public record is “responding” or “the preceding”, and the land above is “the creation of a site site for construction materials” under H’s name on May 4, 2006, and the relevant construction is completed around that time. Therefore, the land in this case should be deemed as miscellaneous land and the compensation for losses should be calculated in accordance with the actual state of use. Accordingly, the Defendant’s appraisal of appraiser G at the court of first instance (hereinafter “the court appraisal at the court of first instance”).

) From the assessed value of the instant land calculated in accordance with the assessment of the instant land, KRW 40,146,050 (i.e., KRW 1,100,782,750 - KRW 1,060,636,050), which is the difference in the amount of compensation for the adjudication of expropriation. (ii)

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