Text
1. The Defendant’s KRW 18,850,790 for the Plaintiff and KRW 5% per annum from October 18, 2015 to July 6, 2016.
Reasons
1. Basic facts
(a) Project approval and public announcement - Project name: B urban environment rearrangement project (hereinafter referred to as "project in this case"): Defendant - Project site: Defendant - Project site: 10,871.80 square meters (hereinafter referred to as "instant improvement zone") outside Busan Dong-dong and 211 square meters (hereinafter referred to as "instant improvement zone") - Public announcement of project implementation plan approval: D public announcement of Dong-gu Busan Metropolitan City on August 8, 2007, Busan Metropolitan City public notification D, May 21, 2014, and public notification E on July 1, 2015.
B. Results of each adjudication by the Busan Metropolitan City Regional Land Tribunal and the Central Land Tribunal, the results of entrustment to appraiser G in the procedure of preserving evidence in this Court (hereinafter “court appraisal results”) are as follows.
1) Adjudication on expropriation by the local Land Tribunal of Busan Metropolitan City on October 17, 2015 - Adjudication by the Central Land Tribunal on an objection to the land owned by the plaintiff in the instant project zone and obstacles 2) - Land owned by the plaintiff in the instant project zone and obstacles - Compensation by each object of expropriation: The term "compensation" in the attached Table is as stated respectively.
3) Court’s appraisal results - Compensation for losses by expropriation: The term “appraisal amount” in the annexed sheet shall be as stated respectively. [Grounds for recognition] The facts that no dispute exists, Gap evidence Nos. 1 through 5 (including, if any, provisional evidence; hereinafter the same shall apply).
No. 3 and the purport of the whole pleadings
2. The Plaintiff’s assertion is seeking payment of KRW 18,850,790, and damages for delay, which are the difference between KRW 821,494,200 and the amount of compensation recognized by the Central Land Expropriation Committee at the time of the ruling by objection by the Central Land Expropriation Committee, as stated in the attached Table “total amount of compensation” in the attached Table, which is the reasonable amount of compensation for losses with respect to the H 119.3 square meters and obstacles (building on the ground) in Busan Dong-gu, Busan.
3. Calculation of reasonable compensation for losses;
A. In a lawsuit concerning an increase or decrease of land expropriation compensation, there is no illegality in the appraisal by each appraisal agency and the court appraiser’s appraisal method, which are the basis of the adjudication on expropriation.