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(영문) 대전지방법원 2015.01.22 2013구합101271

수용재결취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if Gap evidence Nos. 1, 2, and 4, and Eul evidence No. 3 show the purport of the whole pleadings.

The project approval and the project name of the public announcement: The public announcement of the road project (Yyang-Sayang-Saeng-Saeng-Saeng-Sae-Saeng-Sae-Sae-Sae-Sa-Sa-Sa-Sa20 on July 17, 2008; the project operator

(b) Date of adjudication on expropriation: July 18, 2013 (the date of commencement of expropriation shall be September 10, 2013) subject to compensation and compensation for losses (the date of commencement of expropriation shall be September 10, 2013) < Amended by Presidential Decree No. 74,760,000 won on the ground, such as 10 weeks of ground wind trees, etc. (hereinafter referred to as “instant land”): 43,150,000 won, including expenses for moving business facilities.

(c) Date of the ruling on the objection: Details of the ruling on July 18, 2013 (subject to compensation and compensation for losses) ① Ground products, including ten short-term trees on the ground of the instant land: 76,345,00 won. (2) Business compensation including expenses for moving business facilities, such as expenses for moving business facilities. 44,50,000 won.

2. The assertion and judgment

A. (i) The summary of the Plaintiff’s assertion (i) the above acceptance ruling and its objection ruling by the Central Land Expropriation Committee (hereinafter collectively referred to as the “instant adjudication”) are omitted from the transfer expenses concerning the wastewater treatment septic tanks, machinery and equipment, outdoor signboards, etc. installed on the instant land by the Plaintiff.

On the other hand, in the case of the above wastewater treatment purification facilities, it is practically impossible to move or install the facilities due to the characteristics of the facilities, and thus, the expenses incurred in installing the same facilities at a new place of business shall be paid as compensation for losses related to the facilities. Since the plaintiff spent 30 million won in installing the new wastewater treatment purification facilities, this constitutes the amount that the defendant should compensate for in relation to the above facilities.

In addition, the transfer cost of the omitted machinery and equipment is five million won and outdoor signboards.