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(영문) 광주지방법원 2019.10.10 2018구합999
손실보상금
Text

1. The Defendant against the Plaintiff (Appointeds) KRW 12,163,250, KRW 250, KRW 4,312,430, and each of the said money.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public notice - D Road Opening Works - Gwangju Metropolitan City public notice E on April 1, 2017 - Project implementers: Gwangju Metropolitan City Mayor;

(b) The Central Land Tribunal’s ruling of expropriation on January 11, 2018 - Subject to expropriation: The amount of 39 square meters in Nam-gu, Nam-gu, Gwangju, and 55 square meters in G - Compensation for losses: as indicated below (the table):

C. The Central Land Tribunal’s ruling on September 20, 2018 - Compensation for losses: as indicated below (the table):

The appraisal results on June 20, 2019 by the court appraiser - The appraised value shall be as specified below:

Plaintiff B (1/2 equity) 23,589,150,781,570,570 29,094,00 of the Selections C (1/2 equity) 23,589,150, 24,781,570,094,00 (23/2 equity) 23,589,150, 24,781,57029,094,00 / [the ground for recognition] of absence of dispute, Gap 1,2, Eul 1 (including each number; hereinafter the same shall apply), and Eul 1 (including each number; hereinafter the same shall apply)

2. Demanding the payment of the difference between the reasonable amount of compensation according to the Plaintiff’s alleged court’s appraisal and the amount of compensation for the said ruling.

3. Determination

(a) In a lawsuit on the increase or decrease of land expropriation compensation, where both the result of the adjudication and the result of the court appraisal do not have any illegality in the methods of appraisal, and there is no evidence to prove that there is any error in the contents of the appraisal, the more reliable trust of any one of the results of each appraisal belongs to the discretion

(See Supreme Court Decision 2008Du22129 Decided March 26, 2009). A court appraiser’s appraisal and assessment of the land subject to expropriation, i.e., the following circumstances, together with the purport of the entire arguments, is to select an appropriate comparative standard for the land subject to expropriation, taking into account the fluctuation rate for the time of the official announcement of the standard land price, and to assess the gap rate by comparing the regional factors of the standard land subject to expropriation and the individual factors thereof, and to correct other factors.

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