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(영문) 수원지방법원 2016.01.14 2014구합4888
손실보상금 증액
Text

1. The Defendant shall pay to the Plaintiff KRW 12,155,800 and the interest rate of KRW 15% per annum from January 15, 2016 to the day of complete payment.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Construction of roads between B (hereinafter referred to as “instant project”): Defendant: C public notice of Hanam-si on April 24, 2012; D public notice of Hanam-si on December 6, 2012; E public notice of Hanam-si on December 6, 2012; and E public notice of Hanam-si on July 12, 2013;

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on November 27, 2013 - The object of expropriation is as indicated in the “land” list of the details of compensation for losses.

- Compensation for losses: as stated in the separate sheet of compensation for losses (i.e. the amount of expropriation decision).

- The date of commencement of expropriation: A certified public appraisal corporation: A certified public appraisal corporation, a certified public appraisal corporation, and a certified public appraisal corporation.

C. The Central Land Expropriation’s ruling on May 22, 2014 - Contents of the ruling: The Plaintiff’s claim for increase in compensation for losses was dismissed.

- An appraisal corporation: An appraisal corporation in charge of the dispute resolution, an appraisal corporation in charge of the dispute resolution, and an appraisal corporation in charge of the dispute resolution (hereinafter referred to as the "appraisal of adjudication," and the result of appraisal shall be referred to as the "appraisal of adjudication," and the result of appraisal shall be referred to as the "appraisal of adjudication," and the fact that there is no dispute, Gap Nos. 1 and 2, Eul

2. The assertion and judgment

A. The amount of compensation for loss in the Plaintiff’s assertion acceptance ruling should be increased since it was excessively under-determined because it did not properly reflect the compensation example and actual transaction cases in the surrounding area.

B. In light of the facts acknowledged prior to the determination, the aforementioned evidence and the result of the commission of the market price appraisal by this court’s appraiser F (hereinafter “court appraiser”), the result of the request for supplementary appraisal, the result of fact inquiry, and the overall purport of the pleadings as a whole, and the methods and contents of the court’s appraisal, etc., the adjudication appraiser and the court’s appraiser shall comprehensively consider all relevant factors as to the land subject to confinement as prescribed by relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

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