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(영문) 서울고등법원 2017.08.18 2016누82654
보상금증액
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 179,928,00 and KRW 9,860,00 among them.

Reasons

1. Facts that there is no dispute over the details of adjudication [based on recognition], A1, 2, B1-4 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings;

(a) Business authorization and public notice - Housing site development project (G, hereinafter “instant project”): Defendant on December 31, 2008: H, public notice of the Ministry of Land, Transport and Maritime Affairs on April 5, 2012, H, and public notice of the Ministry of Land, Transport and Maritime Affairs on December 24, 2012

B. The Central Land Tribunal’s ruling of expropriation on May 23, 2013 (hereinafter “the instant ruling of expropriation”): K 680 square meters (hereinafter “instant land”) at the time of strike owned by the Plaintiff - The date of commencement of expropriation: - Compensation for losses: 349,724,000 won on July 16, 2013 - An appraisal corporation: a national appraisal corporation and a stock company (hereinafter “appraisal of expropriation”)

(c) The Central Land Tribunal’s ruling on April 17, 2014 - Details of the ruling: The Plaintiff’s claim for increase in compensation for losses for the instant land - An appraisal corporation: the central appraisal corporation and the Korea Land Appraisal Corporation;

2. The assertion and judgment

A. The Plaintiff’s assertion that the land in this case was changed to a “site” lawfully by obtaining permission for development activities and permission for continuous act, and the actual situation of use is also “site.” As such, the Defendant is obligated to pay to the Plaintiff the amount calculated by deducting the amount of compensation as stipulated by the instant expropriation ruling from the amount assessed on the premise that the actual situation of use of the land in this case is “site” among the result of the commission of appraisal by the appraiser L of the first instance court (

B. Fact that there is no dispute over the facts of recognition [based on recognition], as a result of the commission of appraisal to appraiser L by the first instance court, the purport of the entire pleadings is as follows: (a) the Plaintiff purchased the instant land from M on August 1, 2006 in KRW 325,00,000 (hereinafter “instant sales contract”) and on the same day on the same day.

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