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1. The Defendant’s KRW 6,327,100 as well as the Plaintiff’s annual rate of KRW 5% from April 20, 2016 to March 17, 2017.
Reasons
1. Details of ruling;
(a) Business authorization and announcement - Business Name - Road Project Name : B (hereinafter referred to as “instant project”) - Notice: C publicly announced by the Ministry of Land, Infrastructure and Transport on June 3, 2014 - Project Operator: Defendant
B. The Central Land Tribunal’s ruling of expropriation on February 26, 2016 (hereinafter “instant adjudication of expropriation”) - Object of expropriation: Attached Form
1. Each land listed in the list (hereinafter referred to as “each land of this case” and, where the classification is necessary, it shall be specified by the sequences listed in the same list) and its ground obstacles - From the date of expropriation: Compensation ① Land compensation: 51,686,900 won (hereinafter referred to as “compensation for expropriation”) on April 19, 2016;
C. As a result of the court’s appraisal, appraiser D assessed the adequate compensation for each of the instant lands as indicated below.
The purport of the entire pleadings is as follows: (a) No. 2,962,962,700 2,968,005,005,300 51,791,8002 land No. 1 48,724,724,24,200,516,000 51,686,900 51,686,900 57,484,000 57,797,100 / [based] without dispute; (b) No. 1,2,4 (including each number; hereinafter the same shall apply); (c) written evidence No. 1; (d) written evidence No. 1; (c) written evidence No. 5; (d) the appraisal entrustment to appraiser D; and (d) the results of the appraisal entrustment;
2. The assertion and judgment
A. The Plaintiff’s appraisal of expropriation and the court appraisal of the land Nos. 1 and 2 are all unfair for the following reasons. As such, the Defendant should pay the Plaintiff compensation calculated on the basis of the officially assessed individual land price of the land No. 1 and 2.
1. Land in the first place shall be an urban area, natural green area, Class-I general residential area, and buffer green belt.