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(영문) 부산지방법원 2015.11.20 2015구합22531
손실보상금
Text

1. The Defendant’s payment on August 12, 2014 to the Plaintiffs as stated in the separate sheet on the compensation details in the separate sheet.

Reasons

1. Details of ruling;

(a) Business name - Business name: Defendant - Business operator: Defendant - Business approval: Busan Metropolitan City R on March 13, 2013, October 30, 2013, and T on March 5, 2014

B. The expropriation ruling by the local Land Tribunal of Busan Metropolitan City (hereinafter “instant expropriation ruling”): Land of each parcel number stated in the separate sheet on the details of compensation located in U.S. located in Busan Gun, - Compensation for losses - The amount of expropriation ruling shall be as stated in the annexed sheet on the details of compensation.

- Commencement date of expropriation: November 1, 2014

The Central Land Tribunal's ruling on an objection (hereinafter referred to as the "adjudication on an objection of this case") - Contents of the adjudication: The details of the adjudication are as shown in the column of "amount of the objection" in the attached Form 4.

The result of the commission of appraisal by the appraiser V of this Court (hereinafter referred to as "court appraisal") - Contents of appraisal: The details of appraisal shall be as stated in the column of "amount of court appraisal" in the attached Form 1.

[Ground of Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the result of the appraisal commission to appraiser V by this court, the purport of the whole pleadings

2. The assertion and judgment

A. Inasmuch as the Plaintiffs’ assertion, the instant acceptance ruling and the instant compensation for losses as determined by the said ruling are considerably lower than the market price, the Plaintiffs seek an increase in the compensation price.

B. In a lawsuit concerning an increase or decrease of land expropriation compensation, in the event that the appraisal by each appraisal agency and the appraisal by a court appraiser are not illegal in the appraisal methods and there is no illegality in the appraisal methods, and there is no difference in the appraisal result due to the difference in the appraisal result due to a somewhat different difference in the appraisal result, it is contrary to the logical rule and the rule of experience in adopting any one of the appraisal, unless there is any evidence to prove that there is an error in the content of the individual assessment comparison among them.

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