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(영문) 부산고등법원(창원) 2015.06.24 2014누86
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Causes of ruling and the result of appraisal by this court;

(a) project approval and publication - E development projects - F publicly announced on April 1, 2010 - Project operator: Defendant;

B. Decision on expropriation made on February 23, 201 by the Special Self-Governing City and Do Land Tribunal on February 23, 201 (hereinafter “instant adjudication on expropriation”): ① The amount of compensation is determined based on the arithmetic average of the appraised values of 430 square meters in G, Y, 1,958 square meters in H, 2, 3,353 square meters and obstacles owned by the Plaintiff, ② the first 3,353 square meters and obstacles owned by the Plaintiff, ③ the Plaintiff C and D share 1/2 shares in each of the above land, 106 square meters in J, Gyeong-si, Kimhae-si, where the Plaintiff C and D share 1/2 shares in each of the above land (hereinafter “each of the above land”), and the date of expropriation begins: (1) the amount of compensation by the project implementer is calculated on April 5, 201; (2) the amount of compensation by the Plaintiff’s individual; (3) the Plaintiff’s claim for compensation for damages of 30, 497, 19640,497, Da,49790, -146,

C. The Central Land Tribunal’s ruling on July 15, 201 (hereinafter “the instant ruling”): ① claims for appraisal of the remaining land on the Plaintiff B, D, and C’s land: (i) dismissal on the ground that the remaining land is not the remaining land, but the land outside 12 meters in the instant project area; (ii) calculation of the arithmetic mean of the appraised’s values; (iii) dismissal of the Plaintiff A, D, and C’s objections and compensation for losses - Compensation for losses: Plaintiff B: KRW 991,752,150 (= KRW 960,802,150)

D. Results of this Court’s appraisal - Compensation for losses: ① Plaintiff A’s KRW 566,10,400 (= G land KRW 104,404,696,400), ② Plaintiff B’s KRW 965,328,700, ③ Plaintiff C and D’s each KRW 13,133,400 - An appraiser: Gan appraisal corporation.

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