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(영문) 광주지방법원 2015.11.26 2014구합11540

손실보상금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

Approval and Public Notice of Project - Project Name: B Housing redevelopment and rearrangement project (hereinafter referred to as "project in this case"): Defendant - Public Notice: The adjudication on expropriation by the Seoul Metropolitan City Land Expropriation Committee of Gwangju Metropolitan City on July 6, 2012 - The date of adjudication on expropriation: December 12, 2013 - Land listed in the separate sheet owned by the plaintiff - Compensation for losses - The expropriation date shall be calculated as KRW 1,311,449,75 on the basis of the arithmetic average of the appraised values by two appraisal business entities: January 26, 2014.

On August 21, 2014, the date the Central Land Tribunal makes an objection - The content of the Plaintiff’s objection - The content of the Plaintiff’s objection : The Plaintiff’s business loss compensation concerning the inn's business operated on the Dong-gu Seoul Special Metropolitan City (hereinafter “the instant inn's business”) and the compensation for expropriation of 101.13 square meters out of the Dong-gu E-ground lot in Gwangju Special Metropolitan City (i.e., parking lot size - 11.53 square meters assessed on the acceptance ruling - 10.4 square meters; hereinafter “instant parking lot”). Since the omitted compensation is omitted, the amount of compensation for expropriation of the building in the Dong-gu Gwangju Special Metropolitan City is excessively low, the amount of compensation for expropriation is calculated based on the arithmetic average of the appraised values by two appraisal business entities - The Plaintiff’s decision on expropriation of each land and obstacles is dismissed, and the Defendant is not obligated to separately determine the amount of compensation for the inn’s business loss and damages, the Plaintiff’s assertion that the Plaintiff’s total compensation 5081,50,57.

The instant lawsuit is lawful, and business losses incurred by legal principles relating to the lawfulness of the instant lawsuit.