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1. The Defendant’s KRW 707,00 and its annual rate from June 11, 2016 to September 21, 2017, to the Plaintiff.
Reasons
1. Details of ruling;
(a) Implementation plan for disaster recovery project - Project name: The captain-Gun B (third) - Project implementer: Defendant - Public notice given to the captain-Gun of Busan Metropolitan City ( March 18, 2015);
B. Adjudication on expropriation made on April 18, 2016 by the Busan Metropolitan City Regional Land Expropriation Committee - Date of expropriation: June 10, 2016: 202 square meters (previous E field (hereinafter “previous E field”) owned by the Plaintiff, and E land after subdivision is “E land”.
- Compensation for losses from September 17, 2015 (hereinafter “instant land”): 20,099,000 won (the current status of the instant land is assessed as “river”;
C. Results of the appraisal by this Court - Compensation for losses - KRW 20,806,00 (where the current status is a river), KRW 82,820,00 (where the current status is the basis for recognition) / Where there is no dispute, the entry of Gap-4, 7, Eul-1-8, and 12, and the results of the appraisal entrusted to the F of this Court, the purport of the entire pleadings, as a result of the appraisal entrusted to the F of this Court.
2. The assertion and judgment
A. The Plaintiff’s assertion ① As at October 30, 2015, when the appraisal of the instant land was conducted for the first time, it cannot be confirmed the current state of the instant land before the implementation of the project due to the river improvement project by the Defendant’s disaster restoration project (hereinafter “the instant construction project”). As such, in light of the proviso to Article 39-3(1) and the proviso to Article 32(1) of the “Land Compensation Evaluation Guidelines (amended by June 29, 2010; hereinafter “instant guidelines”) established by the Korea Certified Appraisers Association, the appraisal of the instant land should be conducted in consideration of the current state of the use of adjacent land similar to “the answer,” which is the land category of the instant land. ② The considerable part of the instant land before the execution of the instant construction falls under “farmland,” and the portion not farmland falls under “the bank adjacent to the area excluded from the urban area,” the appraisal of the instant land should be conducted within the reasonable level of at least 1/20 of neighboring land pursuant to Articles 39-4(1), 39(2) and 39(2).