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(영문) 부산지방법원 2016.01.21 2015구합22432
손실보상금
Text

1. The Defendant’s KRW 498,509,50 for the Plaintiff and KRW 5% per annum from August 12, 2014 to November 11, 2015.

Reasons

1. Details, etc. of ruling;

(a) Project name: Urban development project (B) - Project implementer: Defendant - Busan Metropolitan City captain-Gun C, D, and E - Japan - Public notice of the designation of an urban development zone: F public notice of Busan Metropolitan City on March 13, 2013, G public notice of Busan Metropolitan City on October 30, 2013, and H public notice of Busan Metropolitan City on March 5, 2014;

(b) The adjudication of expropriation on June 16, 2014 by the local Land Expropriation Committee (hereinafter “instant expropriation adjudication”) and the Central Land Expropriation Committee on April 23, 2015 (hereinafter “the instant adjudication”) - Results of entrustment of appraisal by this court on August 11, 2014 - The adjudication (won) was entrusted with the appraisal of 2,28 m28 m28 m298, 478 478, 470, 460, 800 m20, 9640, 9640, 963 m20, 963 m20, 967 m20, 1,77244 m20, 1,77428 m20, 9636 m20, 967 m20, 967 m206 m20, 967 m206

2. The assertion and judgment

A. In the Plaintiff’s assertion, the appraisal conducted in the instant expropriation ruling and the instant objection ruling did not appropriately calculate individual factors and other factors relating to the subject matter of expropriation, thereby failing to properly reflect the market price of the subject matter of expropriation. The justifiable value of the subject matter of expropriation is KRW 9,541,902,200, which is the appraised value confirmed by the court’s entrustment of appraisal. Thus, the Defendant is obliged to pay to the Plaintiff the amount of KRW 498,509,500, which is the difference between the appraised value and the compensation for losses recognized by the instant ruling, and the damages for delay.

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