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(영문) 부산지방법원 2016.08.11 2015구합20672
손실보상금
Text

1. The defendant shall pay to the plaintiff A KRW 125,100,000, and KRW 4,800,000 to the plaintiff B, and KRW 19,550,00 each to the plaintiff C and D, and each of them.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Defendant - Project operator: Public notice of the approval of a project implementation plan: Seo-gu Busan Metropolitan City on May 28, 2008, Seo-gu Busan Metropolitan City on June 8, 2012, and H public notice of Seo-gu Busan Metropolitan City on February 19, 2014;

B. Adjudication on expropriation by local Land Expropriation Committee of Busan Metropolitan City: Land and buildings indicated in the column for “real estate subject to expropriation” in the attached Form 1 compensation list owned by the Plaintiffs (hereinafter “each of the instant real estate”): The starting date of expropriation: September 11, 2014.

The Central Land Tribunal's ruling on objection (hereinafter referred to as the "adjudication on objection of this case") - Contents of the adjudication: The details of the adjudication are as shown in the column for "the amount of the objection" in the attached Table 1.

As a result of the court's entrustment to appraiser I and the fact inquiry conducted on July 7, 2016, appraiser I evaluated the appraisal contents as follows: appraiser I evaluated the market price at the time of the court's decision to expropriate each building of this case including the case where the size of parking lots and the part of public facilities, such as elevators, including individual factors, are included in the market price at the time of the court's decision to expropriate each building of this case and the case where the appraisal is included in the building element.

[Ground of recognition] A without dispute, Gap evidence 1 (including each number in the case of additional number; hereinafter the same shall apply), Eul evidence 1, the result of the court's entrustment to appraiser I by this court, the result of the fact inquiry conducted on July 7, 2016, the purport of the whole pleadings

2. The assertion and judgment

A. The compensation for losses under the plaintiffs' assertion of this case is significantly below the market price, so it should be increased. The part of public facilities, such as parking lot size and elevator size, including the appraisal result of the fact inquiry conducted on July 7, 2016 by the court of this case, which included the building factors, shall include one million won per each of the plaintiffs.

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