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(영문) 창원지방법원 2018.02.13 2015구합23609
손실보상금
Text

1. The Defendant’s KRW 814,940 as well as the Plaintiff’s annual rate of KRW 5% from August 19, 2015 to February 13, 2018.

Reasons

1. Details of ruling;

(a) Project name: A public housing project (B) announcement: A public housing project (B) announcement on December 23, 2005; C, the Ministry of Land, Transport and Maritime Affairs announced on December 16, 201; the D3 project operator announced by the Ministry of Land, Transport and Maritime Affairs on December 23, 2005: the defendant;

B. Land Expropriation Adjudication 1 of June 25, 2015 by the Central Land Expropriation Committee (hereinafter “Land of this case”) subject to expropriation: as shown in the attached Table 1 list (hereinafter “each of the instant land”).

(2) The date of commencement of expropriation: The total amount of compensation for losses: 9,847,680 won: The State appraisal corporation and one appraisal corporation;

C. The Central Land Tribunal rendered an objection on November 19, 2015: 10,97,020 won in total: 20,000,97,020 won in total: An appraisal corporation: the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, the Korea Land Appraisal Corporation, and the Korea Land Appraisal Corporation (hereinafter the above appraisers collectively referred to as “appraisals,” and the result of the appraisal is referred to as “adjudications”).

D. 1) Compensation for losses as a result of the court’s entrustment of appraisal: 101,811,960 won in total: 2) appraiser E (hereinafter referred to as “court appraiser,” and hereinafter referred to as “court appraisal”) / [based on recognition] without any dispute; Gap evidence Nos. 1 and 2 (only number number number number number number number number number number number number number ; hereinafter the same shall apply); the result of the court’s entrustment of appraisal to appraiser E; the purport of the entire pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The appraisal contains errors in the assessment of the amount of compensation for each of the instant lands, such as errors in the comparison of individual factors, and thus, the court’s appraisal should increase the amount of compensation for each of the instant lands by adding 10,000 won to the amount of compensation for each of the instant lands. 2) Since the trees, which are planted in the Changwon-si F, G, and H Land (hereinafter referred to as “title and lot number”), were unfairly excluded from the compensation even if they were planted before December 23, 2005, the date of the public notice of the project approval of the instant case’s project approval, it was unfairly excluded from the compensation.

B. The increase or decrease of compensation for expropriation in determining the legitimate compensation.

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