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(영문) 인천지방법원 2020.05.21 2018구합54204
손실보상금
Text

1. The defendant shall pay to the plaintiffs each amount stated in the attached Form (the amount claimed) and its corresponding amount from January 24, 2018 to December 9, 2019.

Reasons

1. Basic facts

(a) Business authorization, announcement, etc. - Business title: Business redevelopment and rearrangement project - Public announcement of project implementation authorization: Notice of the Incheon Metropolitan City public announcement of May 27, 2013 - Public announcement of the authorization for implementation of the project: The M of the Nam-gu Incheon Metropolitan City public announcement of November 16, 2015 and N of the same public announcement on January 23, 2017;

B. Adjudication on expropriation by November 29, 2017 of the Incheon Metropolitan City Regional Land Tribunal - The amount of compensation for the land and obstacles of each plaintiff by Michuhol-gu Incheon Metropolitan City, owned by the plaintiffs - The amount of compensation for losses for each plaintiff's land and obstacles shall be as stated in the separate sheet [amount of assessment] - The date of commencement of expropriation: January 23, 2018.

As a result of the Central Land Tribunal’s ruling on April 25, 2019 - The amount of compensation for the same (Plaintiff E) or increase in compensation for losses for the land and obstacles of each plaintiff (the plaintiffs) shall be as stated in the separate sheet [the appraised Amount]’s evaluation amount” as stated in the separate sheet.

(d) Court appraisal results - The amount of compensation for the plaintiffs' land and obstacles [amount of appraisal] / The amount of appraisal for administrative litigation appraisers / The amount of appraisal for the plaintiffs' land and obstacles / The amount of appraisal for the administrative litigation appraiser / Each entry as stated / The evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply) , the result of the appraisal entrustment to P by this court

3. Determination

A. The plaintiffs' assertion is obligated to pay the difference between the court's appraisal result, which is the legitimate compensation for the land and obstacles of this case, and the compensation for losses.

B. 1) In a lawsuit on the increase or decrease of compensation for losses in the court’s appraisal results, unless there are evidence to prove that both the appraisal results and the court’s appraisal results do not constitute an unlawful act in the appraisal methods and there is no special error in the appraisal contents, whether to trust any one of the appraisal results belongs to the court’s discretion (see, e.g., Supreme Court Decisions 92Nu14779, Jun. 29, 1993; 2008Du22129, Mar. 26, 2009).

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