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(영문) 수원지방법원 2019.03.26 2018구합68477
손실보상금
Text

1. The Defendant’s KRW 16,038,300 and its amount shall be 5% per annum from June 30, 2017 to March 26, 2019 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project name: Housing redevelopment project (B elementary school redevelopment project in and around the district) (2) project implementer of Ansan-si: Defendant 3 project approval: C public notice of Ansan-si on June 2, 2015, and public notice of Ansan-si on July 21, 2015;

B. The subject matter of expropriation by the Gyeonggi-do Regional Land Tribunal as of May 15, 2017: During Gyeyang-si, E-gi and 138.5 square meters (hereinafter “instant land”).

(2) The commencement date of expropriation: Compensation for losses on June 29, 2017: 469,121,150 won: F. and G.

(c) Compensation for losses: The Central Land Expropriation Committee’s objection on July 19, 2018 (No. 504,809,120 won (No. 395,99,200 won in part of the instant land): H and I.

D. The appraisal value of each of the lands of this case as a result of the appraisal by the appraiser J of the court: 412,037,500 won (the housing and obstacles at the time of the appraisal were excluded from the appraisal due to the relation at which all were removed) / In the absence of any dispute, Gap 1, 2, and evidence Nos. 1, 1, 2, Eul 1 through 4, the result of the appraisal by the appraiser J of the appraiser J, and the purport of the entire pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion of objection did not reflect the actual transaction of the Plaintiff’s property, such as the surrounding trial precedents, etc., and did not properly reflect the adequate assessment example and transaction examples, individual factors and other factors, repair cost of buildings, etc., repair cost of buildings, interior cost, and appropriate value of obstacles.

The amount of compensation is limited to 70% of the market price, and in order to see that the compensation guaranteed by the Constitution is received, compensation on the market price should be received, and 20% of the above amount should be increased.

In addition, the amount of the adjudication on expropriation and its objection are considerably different, and there is a considerable difference between the appraisal and appraisal depending on the appraisal and appraisal methods, which are set forth in the adjudication on compensation for losses.

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