logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.04 2017구합54214
손실보상금
Text

1. The Defendant: 15,60 won to Plaintiff A; 21,947,840 won to Plaintiff B; 22,728,860 won to Plaintiff C; and 16,307.

Reasons

1. Basic facts

(a) Business authorization and public notice - Business title - Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”) - Public notice of project implementation authorization: F public notice of Bupyeong-si on February 16, 2015, and G public notice of Busan-si on March 7, 2016 - Project implementer: Defendant

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on October 31, 2016 - Land subject to expropriation: The land indicated in the column for “subject to expropriation” in the annexed sheet, which is owned by the plaintiffs - Compensation for losses: The amount indicated in the column for “compensation for expropriation” in the annexed sheet - the starting date of expropriation: December 15, 2016.

The Central Land Tribunal’s ruling on September 21, 2017 - Compensation for losses: The amount indicated in the column for “compensation for objection” in the attached Table.

(d) The court appraisal results - The amount stated in the “court appraisal result” column in the annexed sheet [based on recognition] A’s evidence Nos. 1 through 4, the court’s entrustment of appraisal to H and the inquiry result, the purport of the entire pleadings.

2. The assertion and judgment

A. The parties’ assertion 1) The appraisal result, which forms the basis of the plaintiffs’ ruling, is too low in the value of the land to be expropriated by the plaintiffs. As such, the defendant is obligated to pay the difference between the reasonable amount of compensation, such as the land to be expropriated, and the amount of compensation for objection. 2) The defendant court appraisal is obligated to pay the difference between the land to be expropriated and the amount of compensation for objection.

In comparison of individual factors, the court's appraisal erroneously assessed the environmental conditions and land conditions of the land to be expropriated, ② the land conditions, ③ the street conditions of the land, ④ the street conditions of the land to be expropriated.

The court's appraisal has taken into account the transaction cases inappropriate as comparative case in the revision of other factors.

Therefore, the court's appraisal results are the same.

arrow