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(영문) 전주지방법원 2015.05.13 2014구합127
수용보상금
Text

1. The Defendant’s KRW 6,228,60, and the Plaintiff’s annual rate of KRW 5% from February 12, 2014 to May 13, 2015.

Reasons

1. Details of ruling;

A. The Defendant is the project implementer of the B business (hereinafter “instant business”), and the Plaintiff owns approximately KRW 2,965 (hereinafter “the instant tree trees”) on the ground of 387.2m2m2, Seongdong-gu, Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, which is incorporated into the instant business.

B. The Defendant decided to expropriate the trees of this case for the project of this case and applied for adjudication of expropriation to the Central Land Expropriation Committee.

On December 19, 2013, the Central Land Tribunal rendered a decision to commence expropriation on February 11, 2014, the amount of compensation for the trees in this case is KRW 2,365,00, and the commencement date of expropriation is February 11, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion that the amount of compensation on the trees of this case is too low and illegal in the adjudication of this case. Thus, the defendant is obligated to pay the plaintiff the difference between the reasonable amount of compensation and the amount of compensation determined by the adjudication of this case, and delay damages.

3. Determination

A. Facts of recognition 1) The number, shape, size, and quantity of the trees of this case are as follows.

B) The instant trees are planted near a distance of 20 cm to 40 cm by average 20 cm or 20 cm to 40 cm, and a single plant variety is cultivated. 2) The written ruling on acceptance of the appraisal (Evidence A 1) states that the instant trees are evaluated as transfer cost, and since the transfer cost exceeds the price of the instant trees, the said trees were assessed as the price of the relevant goods, and that the appraisal business operator assessed two appraisers and calculated the compensation for the instant trees as a lump sum of 2,365,000 won by taking an arithmetic mean of the assessed amount.

3) Appraiser D’s appraisal result of appraiser D’s appraisal of the instant trees shall be evaluated as removal cost, and where the transfer cost exceeds the price of the instant trees, it shall be assessed as the price of the relevant goods. The price of the instant trees shall be 3,385.

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