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(영문) 인천지방법원 2018.10.04 2017구합53457
손실보상금
Text

1. The Defendant: 13,883,030 won to Plaintiff A; 10,54,850 won to Plaintiff B; 16,751,300 won to Plaintiff C; and 62,53.

Reasons

1. Basic facts

(a) Business authorization and public notice - Business name: I Housing Redevelopment and rearrangement project (hereinafter referred to as “instant project”): The defendant, who is the project implementer, publicly notified on February 16, 2015 by the JJ and by Busan City on March 7, 2016;

B. Adjudication on expropriation by the Gyeonggi-do Regional Land Tribunal on August 29, 2016 - Land subject to expropriation: The “Land subject to Expropriation” as indicated in the attached Table attached hereto - The amount indicated in the “compensation for expropriation” column in the attached Table - The starting date of expropriation: October 13, 2016.

The Central Land Tribunal’s ruling on July 20, 2017 - Compensation for losses: The amount indicated in the column for “compensation for objection” in the attached Table.

(d) The court appraisal results - The amount stated in the “court appraisal result” column in the annexed sheet [based on recognition] No. 1 to No. 4, the result of the request for appraisal to L of this court and the result of fact inquiry, the purport of the entire pleadings.

2. The assertion and judgment

A. 1) The appraisal result, which forms the basis of the Plaintiffs’ ruling, is too low in the value of the land to be expropriated by the Plaintiffs. As such, the Defendant is obligated to pay the difference between the reasonable amount of compensation of the land to be expropriated and the amount of compensation of the said ruling. 2) The Defendant’s court appraisal is located within the instant project zone in the selection of a comparative standard, while the land to be expropriated is located in the instant project zone, and its utilization status, surrounding environment, and the surrounding environment are similar and geographically adjacent to the M land, and was selected as a comparative standard.

In comparison of individual factors, the court's appraisal shall evaluate the horizontal conditions of the land to be expropriated as 1.01 less favorable than the result of the appraisal of the objection (1.00) (1.00), 6.8 shall assess the access conditions of the land to 1.02 lower than the result of the appraisal of the objection (1.00), 2. shall assess the environmental conditions of the land to 1.05, 1.15 (1.05, 1.09), 5 shall assess the environmental conditions of the land to 1.05, and 0.99 (0.99).

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