logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.04.23 2018구합13278
보상금증액청구
Text

1. The Defendant’s KRW 14,152,650 for the Plaintiff and KRW 5% per annum from March 29, 2018 to February 25, 2020.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: B - Public notice: November 1, 2005 - Business operator C publicly notified on the Ministry of Construction and Transportation - Defendant:

B. The Central Land Expropriation Committee’s ruling on expropriation on February 8, 2018 - Date of expropriation: March 28, 2018 - Land listed in the attached Table 1 (hereinafter “instant land”) and the obstacles listed in the attached Table 2 (hereinafter “instant obstacles”): Compensation for losses: KRW 308,80,500 (= KRW 152,95,500 for the instant land in question)

(c) The Central Land Tribunal’s ruling on September 20, 2018 - Compensation for losses: KRW 310,559,750 (i.e., the instant obstacles KRW 155,189,750, supra)

(d) As a result of the court’s appraisal on September 9, 2019 - Compensation for losses: 324,712,400 won (i.e., the instant obstacles of KRW 157,107,400 on the land of this case) [based on recognition] the fact that there is no dispute, each entry (including the serial number; hereinafter the same shall apply) on evidence Nos. 1, 2, and 6, the result of the court’s appraisal by the court’s appraiser, and the purport of the whole pleadings;

2. Since the plaintiff's appraisal of the objection on the land and obstacles of this case was erroneous in the evaluation of the compensation for losses excessively low, the defendant is liable to pay the difference between the reasonable compensation for losses and the compensation for losses under the adjudication of the objection to the plaintiff.

3. The details of the relevant statutes are as shown in attached Form 3;

4. Determination

(a) In a lawsuit on the increase or decrease of land expropriation compensation, where both the result of the adjudication and the result of the court appraisal do not have any illegality in the methods of appraisal, and there is no evidence to prove that there is any error even in the contents of the appraisal, the more trust in any of the results of each appraisal shall belong

(See Supreme Court Decision 2008Du22129 Decided March 26, 2009). B.

In full view of the purport of the entire arguments in the above evidence, each appraisal and appraisal of the acceptance ruling and its objection shall be conducted at the time of the acceptance ruling in accordance with the relevant Acts and subordinate statutes.

arrow