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광주지방법원 2018.04.19 2017구합459

손실보상금증액

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) project approval and public notice - Public housing construction projects (BB block) - Public notice C of Gwangju Metropolitan City on December 23, 2014

(b) Project operator: Defendant;

(c) The Central Land Tribunal’s ruling on expropriation on April 13, 2017 - subject to expropriation: The Plaintiff-owned Do-223 square meters (hereinafter “instant land”), Gwangju Northernbuk-gu D-gu, Seoul Northernbuk-gu, housing of 55.54 square meters (hereinafter “the instant single-story housing”), an annex cement machine, and a 21.82 square meters wide, a 21.82 square meters wide, cement brick structure, and a branch roof, a cement brick slves roof, and 3.64 square meters wide, a cement brick slves roof, and a 2nd 81 square meters long, 22.8 square meters high, 37.68 square meters high, 2nd 37.68 square meters high, which are owned by the Plaintiff (hereinafter “instant two-story housing”); the purport of the dispute as to the expropriation of the instant multi-story housing and the instant two-story housing, including the instant building, and the purport of the dispute as to compensation for losses in entirety: 46, -46.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The appraisal is assessed as KRW 1,375,00 per square meter of the instant land. However, in light of the fact that the appraised value of the instant land divided from the instant land was a cause of 1,427,67 per square meter of the instant land, and that the Plaintiff’s compensation amount for the instant land is KRW 35,00,000 should be increased, given that the leased profit of the instant land was a cause of 1,50,000 per annum, the Plaintiff’s compensation amount for the instant land should be 35,00,000. 2) Although the said building was owned by the Plaintiff, F, G, and H in the copy of the registry of the instant building, the Plaintiff actually held title trust with the F, G, and H, the Defendant should pay the Plaintiff the compensation amount corresponding to each share of F

3) Since the Plaintiff resided in the second floor of the instant second floor, the Defendant shall either establish relocation measures for the Plaintiff or pay the Plaintiff KRW 18,000,000 to the Plaintiff. B. The same is as indicated in the attached Form of the relevant statutes. C. 1) In the lawsuit claiming for increase of compensation for damages for the instant land, the decision shall be made.