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(영문) 부산지방법원 2015.09.18 2015구합21866
손실보상금
Text

1. The Defendant: KRW 58,525,350 to Plaintiff A; KRW 11,724,950 to Plaintiff B; KRW 6,243,200 to Plaintiff C; and KRW 1,51 to Plaintiff D.

Reasons

1. Details of ruling;

(a) Business name: An industrial complex development project (E international logistics city (stage 1) - A project operator: Defendant - A public announcement of approval for an industrial complex plan: F published on March 3, 201; G published on July 6, 201; H published on December 11, 2013; and I published on January 15, 2014;

B. Adjudication on expropriation by June 16, 2014 of the Busan Metropolitan City Regional Land Expropriation Committee - Object of expropriation: The land owned by the plaintiffs in the rearrangement project zone is indicated in the attached Table “land subject to expropriation” column.

- The date of commencement of expropriation: August 11, 2014 - Compensation for losses: as stated in the attached Table “amount of adjudication on expropriation”.

C. The Central Land Tribunal’s ruling on an objection made on March 26, 2015 - Contents of the ruling: It is as indicated in the column for “adjudgment amount” in the attached Table.

The result of the court's entrustment of appraisal to the appraiser J (hereinafter referred to as "court appraisal") - Contents of appraisal: The same shall apply to the statement in the column of "amount of court appraisal" in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 through 2 (including each number), the court's entrustment of appraisal to the appraiser J, the purport of the whole pleadings

2. The assertion and judgment

A. As in the adjudication of acceptance of the Plaintiffs’ assertion, compensation for losses under the adjudication of acceptance was conducted by comparing individual factors, such as the street conditions, conditions of access, and environmental conditions with the land to be expropriated, compared to the land to be expropriated. In light of the price of neighboring land, it was inappropriate to assess the compensation for losses in light of

Therefore, the defendant is obligated to pay the difference between the amount of compensation based on the result of the court appraisal and the amount of compensation for objection, and damages for delay.

(b) In a lawsuit concerning an increase or decrease of compensation, as long as there are several appraisal of the same fact and any one of them is found to have an error, the court shall make any one of them.

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