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(영문) 인천지방법원 2019.09.27 2018구합54174
손실보상금
Text

1. The Defendant: (a) KRW 6,291,590; (b) KRW 2,600,000 to Plaintiff A; and (c) KRW 4,615,000 to Plaintiff C Co., Ltd.; and (d) Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: G housing redevelopment and rearrangement project (thirdj): Defendant - Public announcement of project implementation authorization: H public announcement of the Nam-gu Incheon Metropolitan City on May 27, 2013;

B. The subject matter of expropriation (Plaintiff A) by the Incheon Metropolitan City Regional Land Tribunal on November 29, 2017 and the ruling of acceptance (the Plaintiffs) on May 4, 2018: Each business (or money) indicated in the column for indication of items to be expropriated (use) on the land attached to the Michuhol-gu Incheon Metropolitan City International Land Tribunal on the ground (Plaintiff A) and in the column for indication of items to be expropriated (use) attached to the attached Form (use): The compensation amount for each plaintiff is indicated in the column for indication of items to be expropriated (use).

- Commencement date of expropriation: J Co., Ltd., K Co., Ltd. (Expropriation ruling dated November 29, 2017), L Co., Ltd, and M Co., Ltd. (Expropriation ruling dated May 4, 2018)

C. The Central Land Tribunal’s ruling on objection (Plaintiff A) on October 25, 2018 and the ruling on objection (the Plaintiffs) on November 22, 2018 (hereinafter “each objection of this case”) - Compensation for losses: The same shall apply to the statement in the “adjudication on compensation amount” of the details of compensation by the Plaintiff.

- An appraisal corporation: L, Inc. (a ruling on objection made on October 25, 2018), N, and P, Inc. (a ruling on expropriation made on November 22, 2018)

(d) Court appraisal - The results of appraisal are as follows: The “court appraisal” column for each plaintiff’s compensation details is as indicated in the annexed sheet.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 20 (including the number of branch offices), the result of the commission of appraisal to P and the result of fact inquiry, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion that the defendant calculated the amount of compensation for land, obstacles or business owned by the plaintiffs at an unreasonably low level. Thus, the defendant stated the plaintiffs' reasonable amount of compensation according to the court appraisal and the amount of compensation for objection, each of which is the difference between the amount of compensation by the court appraisal, but the plaintiff A is deemed below.

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