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(영문) 서울고등법원 2019.12.17 2018누63879
토지수용에 대한 보상금 증액청구 및 잔여토지 매입 요구
Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business authorization and public notice - Business Name B (hereinafter “instant project”): Defendant: C public notice of the Ministry of Land, Transport and Maritime Affairs on June 5, 2012, C, and D public notice of the Ministry of Land, Transport and Maritime Affairs on December 24, 2014;

B. The Central Land Tribunal’s ruling of expropriation on June 23, 2016 (hereinafter “instant adjudication of expropriation”) - The object of expropriation is as indicated below the “subject of expropriation” as indicated in the column of “subject to expropriation” as indicated in the Table [Attachment] located in Scheon-si.

(hereinafter referred to as “Ma” is omitted, and is referred to as “the instant land”). - The starting date of expropriation: August 16, 2016 - Compensation for losses: as indicated below [Attachment].

C. The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated December 22, 2016 - Compensation for losses: The same shall apply to the statement in the following [Attachment].

- An appraisal corporation: The Fund for the Settlement of Bankruptcy and the G Resolution (hereinafter referred to as the “Evaluation of Objection”)

D. The court’s appraisal results (hereinafter “court appraisal”) - The court’s appraisal results: the appraiser P - the appraisal results in the first instance court’s appraisal results (hereinafter “the first instance court’s appraisal”): The following is as stated in the table.

- Results of the supplemental evaluation of the trial of the competent court (hereinafter referred to as "appraisals of the trial of the competent court"): The following shall be as stated in the table "amount of the trial of the competent court of appeal".

The following table is related to the number 5 and 7 land indicated in the table (hereinafter “net 5,7 land”) and, in order to correct other factors, T (land category: previous land category: planning management and base point: unit price: 208,000 square meters: 208,000 square meters: 208,000 square meters) claimed by the Plaintiff of U, differently from the land in U, and the transaction case is right to be deemed as 4,804 square meters prior to subdivision, since the transaction case is the land partitioned on February 3, 2012.

(Land Category: Field: Planning management, and unit price on December 22, 201 at the time of transaction: 302,456/m2) was selected as transaction cases.

The amount of the adjudication on expropriation (won) by an objection to the amount of the adjudication on expropriation (won) shall be the appraised amount in the first instance.

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