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(영문) 전주지방법원 2018.02.08 2016구합2530
손실보상금
Text

1. The Defendant: KRW 385,500 to Plaintiff A; KRW 385,500 to Plaintiff B; KRW 400,460 to Plaintiff C; and KRW 355,620 to Plaintiff D; and

Reasons

1. Details of ruling;

(a) Authorization and announcement of project implementation - Project name: National defense and military installations project (K) - Public announcement of project implementation authorization: L published by the Ministry of National Defense on October 30, 2015 - Project implementer: Jeonju market;

B. Adjudication on expropriation made on April 15, 2016 by the Provincial Land Tribunal of Jeollabuk-do: The details of compensation owned by the Plaintiffs, each of the lands indicated in the column for “location, lot number, land category, area, and share” (hereinafter collectively referred to as “each of the lands in this case”) - The starting date of expropriation: May 16, 2016 - Compensation: The same shall apply to the money indicated in the column for “compensation for expropriation” in the separate sheet of compensation.

- An appraisal corporation: Gyeong-il Appraisal Corporation and Pacific Appraisal Corporation (hereinafter “appraisal of expropriation”)

C. The Central Land Tribunal’s ruling on October 27, 2016 - Contents of the ruling: The amount of compensation determined by the ruling on expropriation as a result of the appraisal of the said ruling below is adequate; thus, the Plaintiffs’ objection is dismissed - An appraisal corporation: the Seoul Land Tribunal’s branch office prior to the appraisal of the appraisal corporation, the Samil Appraisal Corporation (hereinafter “this appraisal”).

D. The result of the commission of appraisal by the appraiser M (N appraiser's office) at this Court (hereinafter "court appraisal"): Compensation for losses: The same shall apply to each amount recorded in the column of "court appraisal compensation" in the separate sheet.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including identification numbers), Eul evidence Nos. 1 through 4, the result of the appraisal commission to the appraiser M by this court, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The compensation for the adjudication on expropriation of each land of this case was calculated too low compared to the value of each land of this case.

Therefore, the defendant is obligated to pay to the plaintiffs the remaining money after deducting the compensation for expropriation from the court appraisal compensation, which is a legitimate compensation for each land of this case.

(b) 1 expropriation compensation.

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