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(영문) 전주지방법원 2016.03.17 2013구합2000393
손실보상금
Text

1. The Defendant’s KRW 25,361,550 for the Plaintiff and KRW 5% per annum from May 15, 2013 to March 17, 2016.

Reasons

1. Details of ruling;

A. Project name: Public notice of the B development project (hereinafter “instant project”): D Public notice of Jeollabuk-do on December 31, 2010, and public notice of November 30, 2012.

B. The object to be expropriated on March 21, 2013 (hereinafter “instant obstacles”): The date of commencement of expropriation of obstacles indicated in the attached list owned by the Plaintiff (hereinafter “instant obstacles”): The result of appraisal on May 14, 2013 (the arithmetic mean of the Pacific Appraisal Corporation and the Egywon Appraisal Corporation): The amount of compensation for the instant obstacles shall be calculated as KRW 53,852,800.

C. According to the result of the appraisal by this Court, the aggregate market price of the obstacles in this case and the obstacles in the attached list at the time of the instant confinement ruling (hereinafter “instant obstacles”) is KRW 1,483,82,090, according to the appraisal by this Court as a result of the request for appraisal by appraiser E for the preservation of evidence in this Court No. 2013Ka635.

(hereinafter “First Court Appraisal.” According to the court’s entrustment of appraisal with the appraiser F, the total market value of the obstacles and omissions in the instant case at the time of the instant expropriation ruling is KRW 579,214,350.

(hereinafter referred to as “second court appraisal”) d.

The details of the relevant statutes are as shown in the attached statutes.

[Ground of Recognition] In the absence of dispute, entry of Gap evidence 1, Eul evidence 5 and 7 evidence (including the number of papers), the result of the commission of appraisal to appraiser F by this court, the result of the commission of appraisal to appraiser E by this court 2013Kaga635, the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. The gist of the defendant's assertion 1) The plaintiff received the claim for compensation for losses for the obstacles of this case for the purpose of conducting litigation, and the lawsuit of this case is unlawful. 2) The plaintiff is a person who received only the claim for compensation for losses for the obstacles of this case, and is a person who received only the claim for compensation for losses for the obstacles of this case, and Article 2 of the Act on Acquisition

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