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(영문) 수원지방법원 2018.07.11 2017구합67958
토지수용보상금증액
Text

1. Of the instant lawsuits, 369,854,800 won and damages for delay shall be dismissed.

2. The defendant.

Reasons

1. Details, etc. of ruling;

(a) Business name - Business name - Public notice of authorization of implementation plan C: D Public notice of Ansan-si on June 2, 2015, and E public notice of Ansan-si on July 21, 2015 - Business operator E: Defendant

B. The ruling of expropriation by the Gyeonggi-do Regional Land Tribunal on June 12, 2017 (hereinafter “instant expropriation ruling”): The Plaintiff’s building on the instant land was expropriated by the Defendant, but the Plaintiff only claims for the increase of compensation for the instant land, and thus, the compensation for losses is determined as follows: 7,116,72,200 won (hereinafter “appraisal”) - The date of expropriation: July 27, 2017.

The Central Land Tribunal’s ruling on an objection (hereinafter “the instant ruling”) dated April 26, 2018 - Compensation for losses: KRW 7,486,57,00 (hereinafter “appraisal of an objection”): 7,486,57,00 (hereinafter “appraisal of an objection”).

D. The result of the market price appraisal of the instant land by appraiser G of this Court (hereinafter “court appraisal”): The content of appraisal: 8,262,079,000 won (based on recognition); the fact that no dispute exists; Gap’s evidence Nos. 1 and 2; Eul’s evidence No. 6; the result of appraisal by appraiser G; the purport of the entire pleadings

2. The appraisal of the gist of the Plaintiff’s assertion did not include the base date for the assessment of compensation for losses as the date of the instant adjudication of expropriation, and is unlawful in calculating the difference in individual factors, such as erroneous selection of comparative standard points, street conditions, access conditions, environmental conditions, catch conditions, administrative conditions, and other conditions, and errors in calculating the difference in individual factors, as well as errors in the calculation and decision of the correction of other factors.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 1,145,356,80 (i.e., KRW 8,262,079,00) (i.e., KRW 7,116,722,20) and delay damages therefrom, which are the remainder after deducting the appraised amount from the court appraisal amount, which is the reasonable amount of compensation for losses.

As to this, the defendant is about the court's appraisal.

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