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(영문) 부산고등법원 2017.01.13 2016누20388
손실보상금증액등
Text

1. All of the plaintiffs' claims extended in the appeal and the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Details, etc. of ruling;

(a) Business authorization and public notice - Business name: W redevelopment and rearrangement project (hereinafter referred to as “instant rearrangement project”): Defendant - Project implementer: Public notice of project implementation authorization: X of Busan Metropolitan City in Maritime Affairs and Daegu on May 16, 2012; public notice YY on October 31, 2012; public notice ZZ on November 6, 2013; and AAAA on December 25, 2013;

(b) Decision of expropriation, etc. - Decision of expropriation by the Central Land Expropriation Committee on March 3, 2014 - Decision of expropriation by the Central Land Expropriation Committee on December 18, 2014 - Date of expropriation: April 16, 2014: The object of expropriation: The fact that there is no dispute over the land, buildings, etc. owned by the plaintiffs within the instant rearrangement project zone (based on recognition), Gap evidence 1 through 5, Eul evidence 1 and 2 (including separate numbers), and the purport of the whole pleadings.

2. The result of the appraisal conducted by the plaintiffs' assertion and its objection and the result of the appraisal entrustment to the appraiser AB by the court of first instance (hereinafter "the result of appraisal by the court of first instance"), including the result of the above acceptance ruling and the result of appraisal conducted by the court of first instance (hereinafter "the result of appraisal by the court of first instance"), is not appropriate as the data for calculating compensation for the following reasons, and it is reasonable to calculate compensation for losses according to the result of appraisal by the court of first instance for appraiser AW (hereinafter "the result of appraisal by the court of first instance").

Therefore, the difference between the appraisal result of the above objection and the appraisal result of the trial at the court. Therefore, the defendant is obligated to pay the plaintiffs each amount indicated in the claim column of the list of attached appeal amounts and delay damages.

① The “AC”, which is the land in the first instance court’s appraisal report, takes at least ten minutes of access to AX Park and AY as an Doz. On the other hand, the “AZ” claimed by the Plaintiffs as an appropriate comparative standard is only two to three minutes of access to AX Park and AY as an Dozz.

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