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(영문) 수원지방법원 2015.08.25 2013구합7545
손실보상금
Text

1. The Defendant’s KRW 30,528,00 for the Plaintiff and the following: 5% per annum from April 28, 2015 to August 25, 2015.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Project approval and public notice - Project name: B housing district development project (C1): Defendant on December 3, 2009, publicly notified D, D, April 27, 2010, publicly notified by the Ministry of Land, Transport and Maritime Affairs;

B. Adjudication of expropriation by the Central Land Expropriation Committee on October 19, 2012 - The land subject to expropriation by the Central Land Expropriation Committee on October 19, 2012 - The land subject to expropriation by the Plaintiff is 3,56 square meters (hereinafter “first land”) and 140 square meters (the actual land category is a road; hereinafter “second land”) prior to the date of expropriation in Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “the Plaintiff’s land”) and 1,546,000 square meters prior to the F. - The land expropriation compensation amounting to KRW 1,546,00 (the total land of this case is 1,526,248,000) (the KRW 19,768,000) - The date of expropriation: December 12, 2012.

The Central Land Tribunal made an objection on July 18, 2013 - Contents of the adjudication: 1,586,480,200 won (i.e., land 1,56,187,200 won) increased the compensation for expropriation of each of the instant lands (i.e., land 20,293,00 won).

- An appraiser: A state appraisal corporation, a foreign appraisal corporation, or a Japanese appraisal corporation (hereinafter the above appraiser’s appraisal results are referred to as “adjudication appraisal”);

D. Results of the commission of appraisal to appraiser G of this court (hereinafter “court appraisal”) - Contents of appraisal: The appraiser selected the same as the appraisal of each of the instant lands as the comparative standard for the appraisal of the instant land, and assessed the compensation for the expropriation of each of the instant lands as KRW 1,617,08,200 (= KRW 1,596,498,200, KRW 200, KRW 2000) by comparing the time adjustment and regional factors, individual factors, and other factors.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 5, and 6 (including each number), the result of the appraisal commission to appraiser G of this court, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion court appraisal exists on each of the instant lands, it deemed that the road exists on each of the instant lands, and thus, the relevant comparative standard land was selected as H land, and individual factors are individual factors.

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