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(영문) 부산지방법원 2020.11.26 2020구합122
보상금증액
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of ruling;

A. On June 1, 2016, the Defendant, as the implementer of the J (hereinafter “instant project”)’s redevelopment and rearrangement project of housing (hereinafter “instant project”), was publicly notified as the KG announcement in Busan Metropolitan City.

B. The Plaintiff A, B, C, D, E, F, and the deceased were co-owners of 17,203 square meters of Busan Shipping Daegu M&M (hereinafter “instant land before the instant partition”) as indicated in the co-ownership column as indicated in the “list and Compensation Details” in the attached Form. As the Deceased died on April 7, 2009, Plaintiff H and I, the spouse of Plaintiff G, children, and I inherited the deceased’s co-ownership share in the proportion of their shares in inheritance.

C. On August 9, 2016, the instant land was divided into 16,681 square meters in Busan Shipping Daegu (hereinafter “instant remaining land”) and 522 square meters in the business area (hereinafter “instant land”) that were excluded from the instant business area upon the Defendant’s application.

The defendant tried to consult with the plaintiffs on the subject land of this case on the basis of the results of the appraisal commission made to P andO corporation, but did not reach an agreement.

E. Accordingly, the Plaintiffs filed an application for adjudication with the Busan Metropolitan City Regional Land Expropriation Committee. On April 8, 2019, the said Expropriation Committee accepted the instant land on May 27, 2019 with the date of expropriation commencement as of May 27, 2019. Based on the arithmetic mean of the results of each appraisal by Qa Co., Ltd and R, the Committee decided to compensate as stated in the column of “the list of objects of expropriation and the details of compensation for expropriation” in the attached Form, and made a ruling to dismiss the Plaintiffs’ request for remaining land.

(f) The Plaintiffs were dissatisfied with the instant acceptance ruling, and the Central Land Tribunal filed an objection to the said ruling, and on December 19, 2019, on the basis of the arithmetic mean of the respective appraisal results of S and T Co., Ltd., and the list of subject matters of expropriation and compensation.

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