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(영문) 수원지방법원 2018.11.21 2018구합61643
손실보상금
Text

1. The Defendant’s KRW 6,933,902 as well as the Plaintiff’s annual rate from August 10, 2017 to November 21, 2018, and the following.

Reasons

1. Details of ruling;

(a) Business title - Business title: Private investment project (B) - Project operator: Seoul Regional Construction and Management Administration- Project approval under the Defendant’s jurisdiction: C public notice of the Ministry of Land, Transport and Maritime Affairs on March 19, 2010

B. Of the land owned by the Plaintiff, the Plaintiff owned each parcel of land indicated in the “pre-division parcel number” column in the separate sheet. However, each parcel of land owned by the Plaintiff was divided as indicated in the “after-division parcel number” column in the separate sheet, and each parcel of land listed in the “land incorporated” column in the separate sheet was incorporated into the instant project zone, and each parcel of land listed in the “ residual land” column in the separate sheet in the separate sheet (hereinafter “the remaining land of this case”) remains without being incorporated into the instant project zone.

C. Although the Plaintiff filed an application with the Central Land Expropriation Committee for the adjudication of compensation for losses following the price decline on the remaining land of this case, the Central Land Expropriation Committee dismissed the Plaintiff’s application for adjudication on August 10, 2017 on the ground that there was no price decline on the remaining land of this case (hereinafter “instant adjudication of expropriation”). While the Plaintiff filed an objection against the said adjudication, the said adjudication was rejected by the Central Land Expropriation Committee on January 25, 2018.

As a result of the appraiser D’s appraisal of this Court (hereinafter “court appraisal”), the appraiser D of this Court appraised that in the case of the land of Overcheon-si E and the land of Overcheon-si, the losses incurred due to the price decline in the remaining land in the case of the land of this case, and in the case of the land of Overcheon-si, Seoul (hereinafter “the instant land”), the appraisal was made that the amount of losses incurred due to the price decline in the remaining land was KRW 14,98,600.

[Ground of recognition] Unsatisfy facts, Gap evidence 1, 2, Eul evidence 1 to 5 (including branch numbers) or images, appraiser D's market price appraisal result, the whole purport of the pleadings.

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