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1. The Defendant’s KRW 29,77,400 for the Plaintiff and KRW 5% per annum from August 12, 2014 to November 12, 2015.
Reasons
1. Details, etc. of ruling;
(a) Project name: An urban development project (B district urban development zone (j); hereinafter referred to as “instant improvement project”): Defendant - Project implementer: The defendant-Gun in Busan, D, and E-Japan - Public Notice of the authorization for the implementation of the project: F public notice of Busan Metropolitan City on March 13, 2013, G public notice of Busan Metropolitan City on October 30, 2013, and H public notice of Busan Metropolitan City on March 5, 2014;
B. The adjudication of expropriation by the local Land Tribunal of Busan Metropolitan City on June 16, 2014 (hereinafter “the instant adjudication of expropriation”) and the adjudication of objection by the Central Land Tribunal on April 23, 2015 (hereinafter “instant objection”) and the results of the court’s entrustment of appraisal by this court on April 23, 2015 - The starting date of expropriation: August 11, 2014 - As a result of the court’s entrustment of appraisal of the adjudication of expropriation of the subject matter of expropriation and the compensation for losses, the court’s entrustment of appraisal by this court on August 11, 2014
2. The assertion and judgment
A. The Plaintiff’s assertion and the appraisal conducted in the instant expropriation ruling and the instant objection ruling are erroneous in failing to properly reflect the market price of the subject matter of expropriation, and the reasonable value of the subject matter of expropriation is KRW 535,354,200, which is confirmed as a result of the instant court’s commission of appraisal, and thus, the Defendant is obligated to pay to the Plaintiff the amount of KRW 29,77,40 (=5,354,200 - 505,576,80) and damages for delay, which are the difference between the appraised value and the compensation for losses recognized as a result of the instant adjudication.
B. In a lawsuit concerning the increase or decrease of land expropriation 1 compensation, the appraisal by each appraisal agency and the appraisal by the court appraiser, which form the basis for the ruling on the increase or decrease of land expropriation compensation, are not illegal in the appraisal methods, and there are mutual opinions in the consideration of the remaining price assessment factors except for individual factors and vision, but are somewhat different in the appraisal.