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(영문) 부산지방법원 2017.07.06 2015구합22418 (1)

손실보상금

Text

1. The Defendant’s KRW 116,149,300 for the Plaintiff and KRW 5% per annum from August 12, 2014 to July 6, 2017.

Reasons

1. Details of ruling;

(a) Project approval and publication - Project name: B urban development zone (1st) - Project implementer: Defendant - Public announcement of designation of an urban development zone: C public announcement of Busan Metropolitan City on March 13, 2013; D and E on October 30, 2013;

(b) The Busan Metropolitan City Regional Land Expropriation Committee’s ruling on June 16, 2014 - Subject to expropriation: The “real estate subject to accommodation” in attached Table 1,083 square meters (hereinafter “F land”) stating the details of compensation in the “real estate subject to expropriation” in the attached Table 1 of the Busan Metropolitan City District Land Expropriation Committee, Busan-gun, Busan-gun, Busan-gun, including the land of 21,083 square meters (hereinafter “F land”) owned by the Plaintiff, shall be the land and the obstacles of the F land (151 square meters, 19.8 square meters, 3.7 square meters at the workplace, 143.3 square meters at the workplace, 52.5 square meters at the workplace, 14.7 square meters at the laundry room, 385 square meters at the laundry room, 11, 2014 - Total compensation date: 5,029,856,400 won on August 11, 20173.

(c) Adjudication by the Central Land Tribunal on April 23, 2015 - Details of adjudication: Increase in compensation to KRW 5,121,614,70 in cases of land and KRW 138,874,50 in cases of obstacles;

(d) Results of the court appraisal: The fact that no dispute over an increase in compensation amounting to KRW 5,237,764,000 for land exists, each entry of Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), the result of an entrustment of appraisal to appraiser G of this court, the results of fact-finding, the purport of all pleadings;

2. The assertion and judgment

A. The Plaintiff’s alleged building site should be assessed as a site. As such, the part of F’s land to be assessed as a site is not limited to 37.19 square meters recognized at the time of expropriation, but should be deemed as 385 square meters, which is a site area for farmers, houses, and appurtenant buildings, which are obstacles.

Even if the above building is an unauthorized building, it is already existing before January 24, 1989, and its site should be assessed as its current site. Thus, reasonable compensation calculated based on the above and compensation for the difference between the compensation and the compensation for its delay shall be claimed.

The plaintiff also argued the amount of compensation for the obstacles.