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(영문) 인천지방법원 2018.04.27 2016구합53528
손실보상금
Text

1. The Defendant’s KRW 2,124,80 with respect to the Plaintiff and the following: 5% per annum from October 22, 2016 to April 27, 2018.

Reasons

1. Details of ruling;

A. On June 13, 2014, the Defendant established a B business implementation plan and announced the said project implementation plan as D with the notification of Gyeyang-gu Incheon Metropolitan City Office C and the notification of July 3, 2015, and the Plaintiff’s 332 square meters prior to the Incheon Gyeyang-gu Incheon E (hereinafter “instant land”) was included in the said project area.

B. On March 2, 2016, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of acceptance of the instant land and its obstacles (hereinafter “instant expropriation ruling”) (hereinafter “instant expropriation ruling”). The details of the compensation for losses determined by the instant expropriation ruling are as follows.

Compensation for land loss in this case: 3,711,660 won starting from expropriation: April 22, 2016.

On August 25, 2016, the Central Land Tribunal filed an objection by asserting that the instant adjudication on expropriation was improper. The Central Land Tribunal rendered the said adjudication (hereinafter “instant adjudication”). The details of the compensation for losses set forth in the instant adjudication are as follows.

Compensation for land: KRW 3,875,000 for the instant obstacles: KRW 108,09,200

D. The Plaintiff filed the instant lawsuit by asserting that the instant objection was improper, and this court entrusted the appraiser F with the appraisal of the amount of compensation for the instant land and obstacles.

The results of the entrustment for expert appraisal (hereinafter referred to as "the results of the above entrustment for expert appraisal", and the appraiser shall not state his/her name and shall be referred to as "court appraiser" as follows:

Compensation for land loss in this case: 110,224,00 won: The fact that currently removed and excluded from the assessment is not disputed (based on recognition), Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the result of the court appraisal, the purport of the whole pleadings, as a result of the court appraisal.

2. The assertion; and

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