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1. The Defendant’s KRW 18,719,280 for the Plaintiff and 5% per annum from December 15, 2016 to November 1, 2018.
Reasons
1. Basic facts
(a) Business authorization and public notice - Business name: B housing redevelopment improvement project - Public notice of project authorization: Defendant on August 25, 201, the Bupyeong-gu Incheon Metropolitan City public notice C on October 20, 201, the Bupyeong-gu Incheon Metropolitan City public notice D on October 20, 2014, and the Bupyeong-gu Incheon Metropolitan City public notice E on September 22, 2015;
(b) Decision on expropriation made on October 25, 2016 by the Incheon Metropolitan City Regional Land Tribunal - Subject to expropriation: Fluor 116.8 square meters and their ground obstacles owned by the Plaintiff: Compensation for losses: Land 173,004,160, obstacles 37,016,700, and date of commencement of expropriation: December 14, 2016.
Adjudication of the Central Land Tribunal on November 23, 2017 - Compensation for losses: 179,305,520 won on land, and 39,740,50 won on obstacles
(d) Court appraisal results - Land 193,187,200 won, obstacles 44,578,100 won (based on recognition), entry of evidence 16, 2-16 of evidence 1, evidence 2-16 of this Court, results of appraisal commission to G of this Court, results of fact inquiry, purport of the whole pleadings.
2. The assertion and judgment
A. The party’s assertion 1) The reasonable compensation for the land to be expropriated and obstacles owned by the Plaintiff is identical to the result of the court’s appraisal. As such, the Defendant is obligated to pay the Plaintiff the difference between the court’s appraisal result on the land and obstacles owned by the Plaintiff and the compensation for its adjudication. (2) The Defendant’s court appraisal, while assessing the value of the land owned by the Plaintiff, did not properly compare the street conditions among individual factors, and assessed too high amount without any special grounds in assessing the value of obstacles owned by the Plaintiff. As such, the result of the court’s appraisal cannot be deemed a justifiable compensation for the
B. In a lawsuit regarding the increase or decrease of compensation for losses in the adoption of the 1st appraisal result, the court’s discretion is to determine whether to trust any of the appraisal results, unless all the appraisal results and the court’s appraisal results are illegal and there is no evidence to prove that there is no particular error in the assessment results.