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(영문) 대구지방법원 2019.05.15 2018구합22410
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details, etc. of ruling;

(a) Project name and public notice of project approval: Industrial complex development project [E] public notice of project approval: The defendant;

B. Land subject to expropriation by the Central Land Tribunal on November 9, 2017 - The land subject to expropriation by the Central Land Tribunal on November 9, 2017 - The land subject to expropriation by the Plaintiff A 5,628 square meters of G forest in Daegu-gun, Daegu-gun, Inc., Daegu-gun, one-third share of the Plaintiff B, C, and D 1/3 shares - The compensation for expropriation by the Plaintiff A- The land appraisal corporation of KRW 314,323,800 of the Plaintiff A- The land appraisal corporation of KRW 118,103,050 for each of the Plaintiff B, C: I

(c) The Central Land Expropriation Committee’s compensation for an objection to the adjudication made on May 24, 2018 - The Plaintiff A: 323,610,000 won - The Plaintiff B, C, and D: K and L.

D. According to the result of the court’s entrustment of appraisal to M Co., Ltd. (hereinafter “court appraisal result”), an adequate compensation for the land subject to expropriation was assessed as KRW 323,610,00 in the case of Plaintiff A as of November 9, 2017, respectively, as of November 9, 2017, as of the date of adjudication of expropriation.

[Ground of recognition] The fact that there is no dispute, entry of Gap Nos. 1 and 2, court's appraisal result, purport of whole pleading

2. Determination on the plaintiffs' claims

A. Since the compensation recognized in the procedure of expropriation decision and objection ruling as to the land subject to the plaintiffs' assertion is too low and unfair, the defendant should pay the plaintiffs additional compensation for losses in addition to the compensation for losses recognized in the above procedure.

B. As seen earlier, the court’s appraisal of the case does not exceed the amount of compensation recognized in the adjudication of acceptance and objection, and there is no evidence to deem otherwise that the amount of compensation for the land subject to expropriation exceeds the amount of compensation recognized in the above adjudication process.

3. In conclusion, the plaintiffs' claims are dismissed in entirety as it is without merit. It is so decided as per Disposition.

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