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(영문) 광주고등법원(전주) 2015.09.21 2015누306
토지수용에 대한 보상금증액
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Details of ruling;

(a) Project authorization and announcement 1): Jeonju Urban Planning Facility Project (B expansion project; hereinafter “instant project”);

(2) Notice 2: Defendant: C project implementer announced at Jeonju on December 14, 2012

B. Subject to expropriation by the Governor of the Jeollabuk-do Regional Land Tribunal as of September 27, 2013: The Plaintiff’s land to be expropriated is deemed as having been 625 square meters (hereinafter “instant land”).

2) Commencement date of expropriation: November 3, 2013: 324,687,500 won

C. The Central Land Tribunal’s ruling on February 20, 2014 (hereinafter “adjudication”): The compensation for losses 1: 329,531,250 won: the Uniform Appraisal and Assessment Corporation and the Korea Appraisal and Assessment Board (hereinafter “Joint Appraisal and Assessment Board”) (hereinafter “Joint Appraisal and Assessment Board”)’s appraisal and assessment of the Uniform Appraisal and Assessment Board; the Korea Appraisal Board’s appraisal and Assessment Board “Korea Appraisal and Assessment Board” (hereinafter collectively “Korea Appraisal and Assessment Board’s appraisal and assessment; hereinafter collectively “Adjudication and Assessment Board”) / [Grounds for Recognition]; the fact that there is no dispute; Gap’s evidence Nos. 1, 5, 6; Eul’s statement Nos. 1, 2, and 5; and

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The assertion and judgment

A. The Plaintiff’s assertion of objection is based on the illegal appraisal for the following reasons, and the appraisal conducted in the trial is also illegal for the same reason. As such, the amount of compensation should be increased to the amount stated in the purport of the claim.

1) For the appraisal of the instant land, the standard land price as to the officially announced land price of the instant land is located in the vicinity of the instant land, and the natural and social conditions are identical or similar, as well as the comparison standard land price of 188 square meters in Yansan-gu E, Jeonju who has recently transacted. 2) The appraisal conducted in the judgment, appraisal and trial should not only be considered to have excessively lower the gap rate in individual factors, but also not to reflect the factors affecting the land price as other conditions.

3 The appraisal of adjudication shall be made for the purpose of correcting other factors.

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