(영문) 서울고등법원 2017.12.28 2015누761



1. The judgment of the court of first instance is modified as follows.

The Defendants jointly and severally do so to the Plaintiff KRW 1,540,147,173.


The plaintiff is a corporation established on December 19, 197 and has been engaged in coffee and tea manufacturing and distribution business, drug manufacturing and distribution business, etc. in 713-2 in dong-si, dong-si, dong-si. The defendants are the operators of the following businesses:

Project approval and public announcement - Housing Site Development Project (24th of the Housing Site Development Project (hereinafter “instant project”) - Public announcement: July 1, 2008, the Ministry of Land, Transport and Maritime Affairs Notice No. 2008-308 of the Ministry of Land, Transport and Maritime Affairs (No. 2008-308 of the Ministry of Land, Transport and Maritime Affairs) - Project operator: The Korea Land Corporation has terminated a merger with the Korea Land and Housing Corporation on October 1, 2009 (Act No. 9706 of May 22, 2009) and comprehensively succeeded to the rights and obligations of the Korea Land and Housing Corporation.

The Korea Land & Housing Corporation (hereinafter referred to as the “Defendant Land and Housing Corporation”) before its extinction;

In the process of consultation, Defendant Gyeonggi-do Corporation - An appraisal business entity assessed the result of the appraisal of land, etc. for public works in relation to the relocation cost of the following business facilities by the Korea Economic Research Institute (hereinafter referred to as the “Advisory Aid and Appraisal Institute”) pursuant to Article 16(3) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the “Consultation Aid and Appraisal Institute”) through the services of a specialized institution. The Central Land Expropriation Committee’s ruling of expropriation on February 18, 201 (hereinafter referred to as the “adjudication of expropriation”) (hereinafter referred to as “adjudication of expropriation”) - The appraisal result is referred to as the “adjudication”) - The Plaintiff Company’s business compensation (hereinafter referred to as the “instant business losses”) located in 713 square meters in dong-ri, dong-si and the above land’s business facilities indicated in the business list 1’s attached

- On April 13, 2011, - Compensation for losses: The instant business compensation (including fixed expenses and incidental expenses, and the relocation expenses of the instant business facilities, 3,221,314,150 won, and ballast expenses (hereinafter referred to as “the instant ballast expenses”).