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(영문) 창원지방법원 2016.11.22 2016구합51274
수용재결취소등
Text

1. The Defendant: (a) KRW 8,413,890 to Plaintiff A; and (b) KRW 1,344,270 to Plaintiff B; and each of them, from October 17, 2016 to November 2016.

Reasons

1. Details of ruling;

(a) Project approval and public announcement 1) Project name: A public announcement on February 25, 2010: The defendant;

B. Subject to expropriation by the Central Land Tribunal on September 17, 2015: Each land listed in the separate sheet No. 1 attached hereto owned by the Plaintiff and each land listed in the separate sheet No. 2 attached hereto owned by the Plaintiff (hereinafter collectively referred to as “each land of this case”).

(2) Compensation for losses: The date of expropriation of Plaintiff A 146,216,020 won, Plaintiff B 34,09,840 won: November 10, 2015; the date of expropriation of the Central Land Expropriation Committee’s objection on April 21, 2016: Plaintiff A 148,021,40 won, Plaintiff B 34,452,60 won, and Plaintiff B 600 won

D. As a result of the court’s appraisal, compensation for each land of this case based on the result of the court’s entrustment of appraisal to appraiser E (hereinafter “court appraiser”) and the result of the court’s entrustment of appraisal (hereinafter “court appraisal”) is KRW A156,435,290, Plaintiff B35,796,870.

[Reasons for Recognition] A without dispute, entry of Gap evidence 2 through 4, the result of the commission of appraisal to appraiser E by this court, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the compensation determined by the ruling on an objection against each of the lands of this case owned by the plaintiffs does not reach a legitimate compensation, the defendant is obligated to pay the difference between the reasonable compensation and the compensation determined by the ruling on an objection.

B. According to the court’s appraisal results, the court appraiser selected the comparison standard for each of the instant lands as “F and G at the Hamnam-do Hamnam-do Hamnam-do,” taking into account the regional factors, individual factors, and other neighboring transaction cases, etc., the price as of the date of expropriation ruling can be recognized as KRW 156,435,290 in total of the land owned by the plaintiff A, and KRW 35,796,870 in total of the land owned by the plaintiff B.

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