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(영문) 서울고등법원 2018.07.10 2015누143
토지보상금증액
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by the first instance court prior to remand, shall be modified as follows.

Reasons

1. Basic facts

(a) Recognition and Public Notice of the Project - Housing Site Development Project (B district, hereinafter referred to as the “instant project”) - Public Notice C of the Ministry of Construction and Transportation on December 13, 2006

(b) Project operator: Defendant;

C. The Central Land Tribunal’s ruling of expropriation on October 25, 2007 - Land subject to expropriation: Land listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant lands,” and the individual land shall be indicated only by lot numbers, such as D land): Compensation for losses: KRW 73,248,61,460 - Date of expropriation: December 13, 2007.

The Central Land Tribunal’s ruling on May 22, 2008 - Contents of the ruling: 74,309,087,010 won to increase the compensation for losses - An appraisal corporation: The Korea Appraisal Board and the Korea Appraisal Board and the Korea Appraisal Board and the Korea Appraisal Board and the Korea Appraisal Board (hereinafter referred to as “Appraisal Board,” and the result of the appraisal are referred to as “appraisal”) [based on recognition] without dispute, entry in the evidence Nos. 1, 7, 12, 14, and 15 (including the provisional number; hereinafter the same shall apply), the purport of the entire pleadings, as a whole.

2. Determination:

A. The Plaintiff’s assertion of each land of this case, the result of the appraisal by an appraiser I (hereinafter “court appraiser”) entrusted with the appraisal by the court of first instance (hereinafter “court appraisal”) and the result of appraisal by an appraiser Z (hereinafter “court appraiser”) entrusted with the appraisal by the court of first instance after remanding the land (hereinafter “court appraisal”) are unlawful as follows. As such, the amount of reasonable compensation should be calculated by re-assessment, correction at the court’s discretion, etc., and if the amount of compensation is calculated fairly, the amount of compensation to be additionally paid by the Defendant to the Plaintiff is the amount claimed.

Therefore, the defendant is obligated to pay the amount claimed to the plaintiff.

1) In the selection of comparative standard land, D land among each of the instant lands is assessed as “agricultural and forest area” and the comparison standard sheet for the remaining land, which is “management area” (Geopo E, E, E, 8,241 square meters, hereinafter “E land”).

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