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(영문) 인천지방법원 2018.10.04 2017구합54603
손실보상금
Text

1. The Defendant: 15,069,570 won to Plaintiff A; 12,535,600 won to Plaintiff B; 14,384,200 won to Plaintiff C; and 17,583 to Plaintiff D.

Reasons

1. Basic facts

(a) Business authorization and public notice - Business title: H Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): The public notice of project implementation authorization: I, 2015, and the JJ public notice of Busan City on February 16, 2015 - The Defendant:

B. Adjudication on expropriation by the Gyeonggi-do Regional Land Tribunal on August 29, 2016 - Land subject to expropriation: The “Land subject to Expropriation” as indicated in the attached Table attached hereto - The amount indicated in the “compensation for expropriation” column in the attached Table - The starting date of expropriation: October 13, 2016.

The Central Land Tribunal’s ruling on October 26, 2017 - Compensation for losses: The amount indicated in the column for “compensation for this ruling” in the attached Table.

(d) Court appraisal results - The amount indicated in the “court appraisal result” column in the annexed sheet (based on recognition) Nos. 1 through 4, the result of the appraisal commission to K of this Court, and 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 of the land to be expropriated and the amount of compensation of the said ruling. 2) The Defendant’s court appraisal, without any special grounds, assessed the land among the land to be expropriated by comparison of individual factors (1, (2), (4), (6), (5), (7), (2), (3) the environmental condition of the land to be expropriated by comparison.

The court's appraisal selected the actual transaction cases as comparative cases against the purpose of the evaluation that the adequate calculation of compensation for losses, which excludes development gains, and selected the transaction cases that have no possibility of comparison with the comparative standard.

Therefore, the result of the court appraisal is illegal.

B. The current use of the land to be admitted as a specific use area, road traffic form/land tax, ① the area of the second-class general residential area for the second-class general residential area with a capacity of 133.3 square meters in Seocheon-si.

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