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(영문) 부산지방법원 2016.07.01 2015구합265
손실보상금증액등
Text

1. On April 17, 2014, the Defendant stated each amount in the separate sheet of compensation details in the separate sheet to the Plaintiffs, and as to the amount.

Reasons

1. Details of ruling;

(a) Business name - Business name: Housing redevelopment and rearrangement project (J Housing Redevelopment and Rearrangement Project) - Notice of the designation of an urban development zone: KK published in Maritime Daegu on May 16, 2012, the same L L of October 31, 2012, M of the same notification on November 6, 2013, and N of the same notification on December 25, 2013;

(b) Project operator: Defendant;

C. Decision of expropriation made on March 3, 2014 by the Busan Metropolitan City Regional Land Expropriation Committee (hereinafter “instant expropriation adjudication”): Land and goods on each parcel number stated in the column for “land subject to expropriation” in the attached compensation statement in the O-dong, Busan Metropolitan City (hereinafter “land subject to expropriation in this case”): The date of commencement of expropriation: April 16, 2014.

The Central Land Tribunal’s ruling on an objection on December 18, 2014 (hereinafter referred to as “the instant ruling on objection”) - Contents of the objection: The same shall apply to the statement in the “amount of the objection” column in the attached Table of the details of compensation.

E. The result of the commission of appraisal by the appraiser P of this Court (hereinafter “court appraiser”) (hereinafter “court appraisal”) - Contents of appraisal: The content of appraisal is as indicated in the “court appraisal amount” column in the annexed sheet of compensation details.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), the result of the above entrustment of appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The amount of compensation for losses and the amount of compensation based on the result of the court appraisal of the plaintiffs' assertion is unfair due to errors as follows. As such, the defendant is obligated to pay the difference to the plaintiffs whose difference between the amount of compensation according to the court appraisal result and the amount of compensation for objection falls short of KRW 10 million,00,000,000 for each of the plaintiffs whose difference exceeds KRW 10,000,000,000,000,000 won, respectively.

1) The instant objection ruling is based on the date of authorization for project implementation (as of May 16, 2012, the appraised value of the land and buildings as of May 16, 2012 plus the inflation rate of land prices. However, the previous authorization for project implementation is granted on October 25, 2012.

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