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(영문) 창원지방법원 2018.11.28 2018구단10188
수용보상금증액청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case history

(a) Project approval and announcement 1) Project approval: A project approval public announcement of project approval for Defendant 3: A public announcement of project approval for the Ministry of Trade, Industry and Energy on July 4, 2014; and D public notification of a free economic zone in Busan and Jin Sea, Busan;

B. Subject to expropriation by the Central Land Expropriation Committee as of November 10, 2016: 331/1140 shares of 231/1140 shares (hereinafter “instant land”) among the 228 square meters in Chang-gu, Chang-si, Chang-si, Seoul (hereinafter “instant land”).

(2) Compensation date: Compensation for losses on January 3, 2017: 41,646,420 won: Ewon appraisal corporation; one appraisal corporation; and one appraisal corporation5) Plaintiff’s assertion: fall in the degree of compensation against the market price of the substitute land in the vicinity of the expropriated land; fall in the exclusion from replotting; (165 square meters; (2) non-resident compensation discrimination (the amount equivalent to expenses, such as relocation of residence and taxes, etc.)

C. The Central Land Tribunal made an objection on September 21, 2017 (hereinafter “adjudication”): 41,894,670 won: Determination as to the assertion of omission of obstacles by the Plaintiff 3rd appraisal corporation: The Plaintiff did not raise an objection to the goods protocol, and did not present any evidence that the contents of the goods protocol are different from the truth; thus, the Plaintiff’s assertion is rejected.

D. Compensation for losses (hereinafter “court appraisal”) 1: 41,851,640 won 2): Gyeong appraisal corporation 3): An appraisal of the omission by the Plaintiff: An appraisal corporation 3: An appraisal of the omission by the Plaintiff: (a) an appraisal of the omission by the Plaintiff; (b) the absence of the object of the instant appraisal; or (c) the absence of any dispute arising from the determination as a third party’s ownership; and (d) Gap Nos. 1, 2, and 3 (including household numbers; hereinafter the same

(1) Each entry in Eul evidence 6 to 8, Eul evidence 15 and 16, each video of this Court, the appraisal result of this Court's ordinary appraisal corporation, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion appraisal omitted the appraisal of the relevant land, other than the instant land, on the yellow sand house, fence, and fruit water.

The appraisal of adjudication shall be made on the land of this case and the obstacles thereto.

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