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(영문) 수원지방법원 2015.12.17 2014구합58441
수용보상금
Text

1. The Defendant’s KRW 63,50,600 as well as 5% per annum from March 19, 2014 to December 17, 2015 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: River project (B; hereinafter referred to as the “instant project”): The public notice of the project: The Gyeonggi-do public notice on September 29, 201 - Project operator: the Defendant

B. The adjudication of expropriation by the Central Land Tribunal on January 23, 2014 - Land subject to expropriation by the Central Land Tribunal on January 23, 2014: D large 483 square meters in this village (hereinafter “1 land”) prior to E, 651 square meters in this village (hereinafter “2 land”), which is a site, shall be deemed “three-one square meters in this village”; - The current status of 551 square meters in a river, shall be deemed “three-one square meters”; - The current status of 551 square meters in a piece of land subject to expropriation: 856,503,370 won in the case of land and housing, etc. - Compensation for losses (i.e., land 53,87,450 won in the case of land and trees 322,625,920 won in the case of trees and trees) - the date of expropriation: March 18,

The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated August 21, 2014 - Compensation for losses: 867,380,50 won (i.e., land 539,307,400 obstacles and trees 328,073,100 won): An appraisal corporation: a dialogue between appraisal corporations, a appraisal appraisal corporation in a dispute resolution and a appraisal appraisal corporation in a dispute resolution, and a third-party appraisal corporation in a dispute resolution (hereinafter “each appraisal corporation,” and “each appraisal report,” and “each appraisal report,” and the result of the appraisal are referred to as “each appraisal”) without dispute; a statement in subparagraphs 1 through 4 (including the main number; hereinafter the same shall apply); and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The second land is used as the land annexed to the general restaurant operation on the ground of the first land, so it should be evaluated as the first land and the complex. (2) The compensation amount of each of the instant lands based on each adjudication and appraisal was mistakenly selected as a comparative standard or was insufficiently assessed as it was impossible to properly do so.

3) Trees among obstacles subject to confinement (hereinafter “instant trees”).

Since the actual cost of transfer is larger than the acquisition value, compensation should be calculated according to the acquisition value of each item. (b) Determination 1) The appraisal of land to be determined as to the claim for appraisal of a complex is individual per subject matter.

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