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(영문) 부산지방법원 2015.09.04 2015구합20702
손실보상금
Text

1. The Defendant: (a) KRW 25,582,00 for Plaintiff A; (b) KRW 5,845,300 for Plaintiff B; (c) KRW 27,795,050 for Plaintiff C; and (d) KRW 10,05 for Plaintiff D.

Reasons

1. Details of ruling;

(a) Business name - Business name: G - Defendant - Business operator: Public notice of the approval of an industrial complex plan: H on March 3, 2010 and public notice of H on July 6, 201, Busan and J on December 11, 201, public notice of the Free Economic Zone Authority in Busan and J on December 11, 203, and public notice K on January 15, 201

B. Adjudication on expropriation by April 14, 2014 of the Busan Metropolitan City Regional Land Expropriation Committee - Land and obstacles owned by the plaintiffs within the rearrangement project zone, are as indicated in the attached Table “subject to expropriation” column.

- The date of commencement of expropriation: June 9, 2014 - Compensation for losses: as shown in the attached Table “amount of adjudication on expropriation”.

C. The Central Land Tribunal’s ruling on an objection made on December 18, 2014 - Contents of the ruling: The same shall be as indicated in the column for “adjudgment amount” in the attached Table.

Results of request for appraisal with respect to the appraiser L of this Court (hereinafter referred to as "court appraisal") - Contents of appraisal: The amount of appraisal shall be as stated in the column of "amount of court appraisal" in the attached Table.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 2 (including each number), the result of the appraisal commission for appraiser L of this court, the purport of the whole pleadings

2. The assertion and judgment

A. As in the adjudication of acceptance of the Plaintiffs’ assertion, compensation for losses under the adjudication of acceptance was conducted by comparing individual factors such as the street conditions, conditions of access, and environmental conditions with the land to be expropriated, compared to the land to be expropriated. In light of the price of neighboring land, etc., it was underassessment in light of the factors such as the price of neighboring land, and the obstacles also fall short

Therefore, the defendant is obligated to pay to the plaintiffs the amount of compensation according to the result of the court appraisal and the amount of compensation for objection as stated in the "amount of claim" as stated in the attached Table, which is the difference between the amount of compensation for

(b) To the extent that there are several appraisal and assessment of the same fact in a lawsuit concerning an increase or decrease of compensation for judgment, and any one of them is found to have an error.

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