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(영문) 서울고등법원 2016.11.22 2016누30158
손실보상금
Text

1. Of the judgment of the court of first instance, KRW 86,753,300 against the Plaintiff and its related thereto, from August 14, 2013 to November 22, 2016.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - C Housing Site Development Project (hereinafter “instant project”) - Project operator: Defendant, publicly notified by the Ministry of Land, Transport and Maritime Affairs (No. 31, 208), E (No. 5, 2012), F (No. 24, 2012):

(b) Adjudication by the Central Land Expropriation Committee - Land (hereinafter referred to as “each of the instant land”) and its ground objects - The Land (hereinafter referred to as “each of the instant land”) listed in [Attachment Nos. 1 through 5, located at the time of the strike owned by the Plaintiff: The Korea Appraisal Board and the Korea Land Appraisal Board (hereinafter referred to as the “Appraisal”) on August 13, 2013:

C. Determination by the Central Land Tribunal on an objection - Compensation for losses: The details of compensation for land in the annexed Form 1 are as stated in the “amount of objection” column.

- An appraisal business entity: An appraisal corporation and a new appraisal corporation in the future of a corporation (hereinafter the above appraiser’s appraisal results are referred to as “adjudication appraisal”);

D. The result of the appraisal conducted by the appraiser G of the first instance court (hereinafter “court appraisal”): Compensation for losses: The details of compensation for land attached to attached Form 1 are as stated in the “court appraisal amount” column.

(B) The following facts: (a) The

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Attached Nos. 1 through 4 of the details of land compensation set forth in Attached 1 (hereinafter “instant land”).

(2) The adjudication compensation for each of the instant lands was unfairly underassessment, since it is apparent that a specific use area would change to “a planned management area” if it was not incorporated into the instant project. As such, the amount of compensation for losses should be assessed on the premise of such change.

(b)as shown in Appendix 2 of the relevant statute.

C. Determination 1: The key land of this case is the land.

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