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(영문) 광주지방법원 2015.08.27 2014구합1178

수용보상금

Text

1. The Defendant’s KRW 3,065,863 as well as the Plaintiff’s annual rate of 5% from March 18, 2015 to August 27, 2015.

Reasons

1. Basic facts

A. On December 7, 2007, the Plaintiff filed an application for a construction permit with the head of Pyeongtaek-Gun to construct three warehouses (a total floor area of 1,193.25 square meters) on the ground of the instant land on December 15, 2007, after completing the registration of ownership transfer with respect to the instant land under the Plaintiff’s name. On January 31, 2008, on December 28, 2007, the Plaintiff filed an application for a construction permit with the head of Pyeongtaek-Gun to construct three warehouses (a total floor area of 1,193.25 square meters) on the ground of the instant land, and on February 15, 2008 (hereinafter “instant permit”).

B. On September 30, 2009, the Minister of Land, Transport and Maritime Affairs (hereinafter “the instant project”) approved and publicly announced as G publicly notified by the Ministry of Land, Transport and Maritime Affairs a development project plan for the F Complex (hereinafter “the instant project”) that is the project site under Article 15 of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (hereinafter “Industrial Complex Fire-Fighting Act”) and the Defendant as the project site. The instant land was included in the instant project site according to the instant project plan.

C. 1) The date of adjudication on expropriation by the Central Land Expropriation Committee: The date of expropriation: 3) the date of commencement of expropriation: Compensation for losses on July 15, 2014: 106,800 won calculated on the basis of the arithmetic mean of the respective appraisal results of two appraisal business entities (hereinafter referred to as “adjudication on expropriation,” and hereinafter referred to as “appraisal on expropriation”) which is calculated on the basis of the arithmetic mean of the respective appraisal results of two appraisal business entities: 5) the Plaintiff was unable to operate warehouse business due to the instant project, thereby causing losses (hereinafter referred to as “Land Compensation Act”).

In accordance with Article 57 of the Enforcement Rule, the Central Land Expropriation Committee has purchased the instant land and received the instant permission on February 15, 2008, but thereafter.