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(영문) 인천지방법원 2019.11.28 2017구합52126
손실보상금
Text

1. The Defendant: (a) KRW 6,905,470 to Plaintiff A; and (b) KRW 2,824,50 to Plaintiff B; and (c) from December 15, 2016 to December 15, 2019.

Reasons

1. Basic facts

(a) Business authorization and public notice - Business title: C Housing redevelopment and rearrangement project - Public notice of project implementation authorization: D public notice of Bupyeong-gu Incheon Metropolitan City on October 16, 2014 - Project implementer: Defendant;

B. Adjudication on expropriation made on October 25, 2016 by the Incheon Metropolitan City Regional Land Expropriation Committee (hereinafter referred to as “land 1”) - Buildings, etc. on the land owned by the Plaintiff, and buildings, etc. on the land owned by the Plaintiff, and buildings, etc. on the land 157.3 square meters (hereinafter referred to as “Plaintiff church”) and the buildings, etc. on the land - Compensation for losses: Plaintiff A 671,072,110 won (hereinafter referred to as “Plaintiff 1 land 397,11,710 won, obstacles, etc.”) and KRW 273,979,100 (land 273,960,40 won), Plaintiff church 321,979,00 won (land 273,035,000 won, water 48,94,104, 100 won (the starting date of expropriation)

Adjudication of the Central Land Tribunal on November 23, 2017 - Compensation for losses: Plaintiff A 699,188,860 won (land 412,629,360 won, obstacles 286,559,500 won), Plaintiff church 338,488,180 won (land 286,818,560 won, obstacles 51,69,620 won)

(d) Court appraisal results - The appraisal results - The land No. 1, 419, 534, 830, the land No. 289, 643, 060, which is owned by the plaintiff church / [based on recognition] Gap evidence No. 1-1, 7, 11, and 2-1, 7, and 11, the result of the appraisal entrustment to the G of this court, and the purport of the entire pleadings;

2. The assertion and judgment

A. The plaintiffs' assertion is obligated to pay the plaintiff A KRW 6,905,470 as the difference between the reasonable compensation for the land No. 1 and the compensation for such judgment, and 2,924,500 as the difference between the reasonable compensation for the land No. 2 and the compensation for such judgment.

B. In a lawsuit regarding the increase or decrease of compensation for losses in the adoption of the 1st appraisal result, the court’s discretion is to determine whether to trust any of the appraisal results, unless all the appraisal results and the court’s appraisal results are illegal and there is no evidence to prove that there is no particular error in the assessment results.

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