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(영문) 수원지방법원 2019.05.23 2018구합66426
손실보상금
Text

1. The Defendant’s KRW 99,007,50 for the Plaintiff and 5% per annum from January 12, 2018 to May 23, 2019.

Reasons

1. Details, etc. of ruling;

(a) Project approval and notification 1) Project name: A project redevelopment and rearrangement project (hereinafter referred to as “project redevelopment and rearrangement project”) at Ansan-si;

2) Public notice of authorization for project implementation (revision): C public notice of Ansan-si on September 22, 2015 and D 3 project implementer public notice of Ansan-si on March 3, 2017: Defendant

B. Objects to be expropriated by the Gyeonggi-do Regional Land Tribunal on November 27, 2017 (hereinafter “instant expropriation adjudication”): Each land and obstacles (hereinafter “instant land and obstacles”) indicated in the attached Table 1.

2) The date of commencement of expropriation: 4,828,984,550 Na) the obstacles: 549,059,680 Da) the late additional charges: 17,681,240 won: the appraisal corporation E and the stock company F

(c) Land subject to the Central Land Tribunal’s ruling on June 21, 2018 (hereinafter “the instant ruling”): 4,94,308,800 won: 558,324,210 won delayed additional charges: G stock companies and H

(d) Land: 5,043,316,300 won: 558,324,210 won (based on recognition) is not disputed; Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply); the result of the appraiser I’s appraisal; and the purport of the whole pleadings;

2. The assertion and judgment

A. The compensation amount set forth in the judgment of the Plaintiff’s assertion falls considerably below the market price of the instant land and obstacles. As such, the Defendant is liable to pay to the Plaintiff KRW 99,007,50, and damages for delay corresponding to the difference between the pertinent compensation amount and the pertinent compensation amount.

B. It is as stated in the attached Form of the relevant statutes.

C. In a lawsuit concerning the increase or decrease of the relevant legal principles 1-related compensation, the appraisal by each appraisal institution, which forms the basis of the ruling, and the court appraiser.

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