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1. The Defendant’s KRW 23,812,100 as well as the Plaintiff’s annual rate of KRW 5% from January 19, 2018 to August 30, 2018.
Reasons
1. Details of ruling;
(a) Business authorization and public notice - Business name: B housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Defendant - Project implementer: C public notice of Dong-gu Busan Metropolitan City on May 19, 2010; D public notice of Dong-gu Busan Metropolitan City on July 19, 2013; E public notice of Dong-gu Busan Metropolitan City on September 3, 2014; F public notice of Dong-gu Busan Metropolitan City on December 10, 2014; G public notice of Dong-gu Busan Metropolitan City on June 29, 2016; H public notice of Dong-gu Busan Metropolitan City on July 13, 2016;
(b) Decision on expropriation made on February 20, 2017 by the Busan Metropolitan City Regional Land Tribunal - The date of commencement of expropriation: May 4, 2017 - The date of expropriation: 169 square meters and above-ground obstacles (hereinafter “instant land and obstacles”).
C. The Central Land Tribunal’s appraisal result of the objection made on November 23, 2017 (hereinafter “the appraisal result of the said ruling”): 37,205,700 won: - The instant obstacles: 70,793,270 won;
D. The result of the court’s entrustment to the appraiser J (hereinafter “the result of the court’s appraisal”) - The land in this case: 361,017,80 won: 70,793,270 won for the obstacles in this case; 70,79; 270 won for the obstacles in this case; 1-3; 1-3; 1-2; 2 of evidence (including each number; hereinafter the same shall apply); each of the evidence in this court’s entrustment to the appraiser J; 3; the purport of the whole pleadings;
2. The assertion and judgment
A. Since the Plaintiff’s legitimate compensation for losses is the difference between the court’s appraisal result and the appraisal result of the objection, the Defendant is liable to pay the Plaintiff the above difference and the damages for delay.
B. In a lawsuit concerning the increase or decrease of land expropriation compensation, each appraisal agency’s appraisal and the court appraiser’s appraisal and appraisal are unlawful in the appraisal methods, and the remaining price assessment factors except for individual factors, are consistent with each other’s view. However, the land to be expropriated is somewhat different in the appraisal process.