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(영문) 부산고등법원 2015.02.13 2014누21363
손실보상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Details of the ruling

(a) Type of the project, its implementer, and its announcement 1): Urban planning facility project (B Park Creation Project) (hereinafter “instant project”);

(2) Project operator: Public notice of the three project implementation plans of the head of the Northern City north-gu Busan Metropolitan City: C on August 11, 2010

B. Of the adjudication of expropriation made on October 15, 2012 by the Busan Metropolitan City Regional Land Expropriation Committee (hereinafter “instant adjudication of expropriation”): 19490/40 of the Plaintiff’s co-ownership share of 3,418 square meters in Northern-gu, Busan Metropolitan City (hereinafter “instant land”).

(2) Compensation for expropriation: 416,865,480 won: Commencement date of expropriation: An appraisal corporation for an appraisal corporation and one appraisal corporation for an appraisal (hereinafter collectively referred to as “appraisal for expropriation”) on December 4, 2012; the result of the appraisal is referred to as “appraisal for expropriation”;

C. On February 22, 2013, the Central Land Tribunal rendered an objection (hereinafter “instant objection”): 430,584,070 won: The appraisal corporation: the first appraisal corporation and the second appraisal corporation (hereinafter referred to as “appraisals of objection,” and the results of appraisal are referred to as “appraisals of objection”) [based on recognition]; the fact that there is no dispute; each entry in the evidence Nos. 1, 2, 3, and 5 (including the number of each number), the allegation of the purport of the entire pleadings, and the assertion and determination of the parties concerned.

A. 1) The Plaintiff’s assertion 1) since the designation of the instant land as the B Park site in around 1995, a significant decline in the land price. Since the instant project is a park creation project for the B Park site, the legitimate compensation for the instant land should be assessed in the state where there is no limitation under the public law, which is a park site. However, both the appraisal of expropriation and the appraisal of objection are all the land E (hereinafter “E”) in Busan Northern-gu, which is a park site.

Since it is assessed as a comparative standard, there is a limit in public law, it is illegal, and the result of the appraisal by the court of first instance.

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