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(영문) 부산지방법원 2020.08.21 2020구합20027

손실보상금

Text

The defendant shall pay to the plaintiff KRW 50,319,380 among the plaintiff and KRW 14,59,380 among them, from December 24, 2019, and the remainder of KRW 35,720.

Reasons

Details and results of the ruling;

(a) Business name: Industrial complex renovation project [B] (hereinafter referred to as “instant project”);

(2) A public announcement of project approval: C Public notification of Busan Metropolitan City on May 1, 2017, and D public notification of Busan Metropolitan City on June 27, 2018, and E public notification of Busan Metropolitan City on October 23, 2019: Defendant.

B. Subject to the adjudication of expropriation on October 28, 2019 by the Busan Metropolitan City Regional Land Expropriation Committee (hereinafter “instant adjudication of expropriation”): Before 217.2m2m2 (hereinafter “instant incorporated land”) out of 1,157m2m2 of the land for the gas station located in Busan Seo-gu Busan Metropolitan City, Busan, which is owned by the Plaintiff, the Plaintiff is incorporated into the G; hereinafter “instant incorporated land”), and the remainder of 940m2 (excluding the instant incorporated land; hereinafter “the instant remaining land”).

(1)39 cases, including 39 cases, in total, of the 2nd floor buildings and 39 cases, including grads, grads, mechanical rooms, studs, oil tanks (Filling), flowers, fences, etc. (hereinafter referred to as "in the instant obstacles").

(2) Compensation for losses: 1,213,467,320 won (the incorporated land in this case’s compensation 844,821,120 won + 368,646,200 won and business compensation 368,646,200 won and non-recognition of the remaining land) commencement date of expropriation: Appraisal Corporation H and I Co., Ltd. (hereinafter “appraisals”) (hereinafter “adjudications”)

C. The appraisal content of KRW 1,263,786,70,700, the appraised value of the portion of the land included in the appraisal value of KRW 851,858,400,00 as a result of a commission to a certified public appraiser J of this Court (hereinafter “court appraisal”) is as follows: (a) the appraised value of the remaining land loss compensation of KRW 940,720,00,000; (b) the operating income of KRW 186,035,30; (c) the operating income of the business rights of KRW 186,00,173,000; and (d) the facility relocation cost of KRW 1,263,786

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and Eul evidence Nos. 1, 6 and 7 (including numbers; hereinafter the same shall apply), the result of the court’s entrustment of appraisal to the appraiser J, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and appraisal are based on comparative standards and wrong selection of individual factors.