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1. The Defendant’s KRW 2,559,153,563 as well as the Plaintiff’s annual rate of KRW 5% from March 8, 2012 to August 21, 2013.
Reasons
1. Details of ruling;
(a) project approval and public notice - Housing site development project (referred to as the "instant project" in this case) - July 1, 2008 - No. 2008-308 of the Ministry of Land, Transport and Maritime Affairs announced on July 11, 2008 - Project operator: Defendant
B. Decision of the Central Land Tribunal to expropriate on January 13, 2012 - Land for expropriation: 4,465,612,615,65,655,00 won and business compensation (i.e., relocation expenses of KRW 1,037,440,00 for business facilities, such as compensation for suspension of work for three months, and KRW 1,037,440,000 for suspension of work: An appraisal corporation for a stock company, a stock appraisal corporation for corporations (hereinafter referred to as “appraisal”) and an appraisal corporation for corporations: The appraisal results / [Grounds for recognition] of the facts that no dispute exists, evidence No. 1, No. 1, No. 1-2, and No. 1-2, each of the arguments are recorded.
2. Judgment on the plaintiff's claim
A. The judgment of the plaintiff in this case evaluated the plaintiff's assertion as excessively low compensation for the building and obstacles. The defendant is obligated to pay the plaintiff compensation by calculating the appraised value of the building and obstacles, transfer cost and suspension period according to the result of the entrustment of appraisal to the appraiser A (hereinafter "court appraisal") by the court of this case.
B. As long as there is no evidence to prove that there was an error in the adjudication and appraisal regarding the cost of relocation, such as building 1 and obstacles compensation, business facilities, etc., and in comparison with individual factors of the court’s appraisal, it belongs to the discretion of the fact-finding court as long as it does not go against logical and empirical rules.
The court appraisal shall select a specialized service institution as an appraiser and assess the prices of buildings and obstacles, and the current status of such facilities, etc.
. Specifically;