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(영문) 수원지방법원 2015.01.09 2014구합50430
손실보상금
Text

1. The Defendant’s KRW 22,968,200 as well as 5% per annum from September 11, 2013 to January 9, 2015 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: River business (U.S. river repair work; hereinafter referred to as the “instant business”): Public notice No. 2012-50 of Guri-si on August 28, 2012 - Business name: Defendant

B. The Central Land Expropriation Commission’s ruling on expropriation on July 18, 2013 - The land subject to expropriation: B 1,301 square meters (hereinafter “instant incorporated land”) owned by the Plaintiff, and 305 square meters (hereinafter “the instant incorporated land”) out of B 1,301 square meters, and the remaining 96 square meters, and compensation for its obstacles: 276,99,000 won (=the total of 3,597,00 won of the incorporated land in this case’s incorporated land and its obstacles) - The date of the commencement of expropriation: the new appraisal corporation and the Korea Appraisal Board: the future appraisal corporation and the Korea Appraisal Board.

C. The Central Land Tribunal’s ruling on December 19, 2013 - Claim for compensation following the decline in the value of the remaining land of this case: 293,426,000 won (i.e., land incorporated in this case: 289,81,000 won (i.e., total of 3,615,000 won) - An appraisal corporation: a foreign appraisal corporation and a foreign appraisal corporation’s dialogue;

D. As a result of the court’s entrustment to appraiser C of this case with respect to the land to be expropriated and the remaining land of this case - Compensation for losses of this case: 29,632,000 won (the obstacles were excluded from the evaluation for the reason that it is impossible to verify the current status due to loss) - Compensation for losses for the decline in the value of the remaining land of this case: 13,147,200 won (i.e., the price of the remaining land to be incorporated 965,323,200 won for the remaining land after incorporation (based on recognition), without any dispute over the fact that there is no dispute over the remaining land after incorporation 978,470,40,400 won (the price of the remaining land to be incorporated 965,323,200 won)

2. The assertion and judgment

A. The amount of compensation for losses on the land incorporated into the Plaintiff’s assertion was excessively underestimated. Thus, the Defendant’s business is 9,821,000 won and the project of this case, which are the difference between the reasonable amount of compensation according to the court’s appraisal result and the above compensation for losses.

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