beta
(영문) 서울행정법원 2016.10.28 2016구합52101

손실보상금

Text

1. The Defendant: KRW 83,263,131 as well as the Plaintiff’s annual rate from August 19, 2015 to October 28, 2016; and

Reasons

1. Basic facts

(a) Business name: A project name: Road project (B; hereinafter “instant project”): A public announcement of project approval: C public notice of the Ministry of Land, Transport and Maritime Affairs on July 6, 201 - Project operator: Defendant

B. The Central Land Tribunal’s ruling of expropriation on June 25, 2015 - Subject to expropriation: D, 4,356 square meters (hereinafter “instant land”) and its ground obstacles owned by the Plaintiff: August 18, 2015 - Expropriation compensation amounting to KRW 1,612,591,200 (the instant land), 45,981,30 (the instant obstacles, and the Plaintiff’s surface obstacles to the instant land owned by the Plaintiff only dispute the expropriation compensation amount, etc. on the trees, etc. recorded in the list of obstacles in the attached Form, and thus, the instant obstacles are referred to as “instant obstacles”).

C. The Central Land Tribunal’s ruling on November 19, 2015 - Change of the compensation for the instant land to KRW 1,637,202,60, and the filing of an objection to the instant obstacles to the expropriation compensation to KRW 1,637,202,60 (the instant land), KRW 45,981,30 (the ground for recognition) [the ground for recognition] did not dispute; evidence No. 1-2, evidence No. 2, evidence No. 2-1, evidence No. 2, evidence No. 2-1, 2, evidence No. 3-1, evidence No. 3-2, and evidence No. 3-2, and the purport of the entire pleadings;

2. The plaintiff's assertion

A. The Plaintiff filed an application for preservation of evidence with the Busan District Court 2015da2197 to preserve evidence as to the compensation of the instant land and obstacles as the Plaintiff transferred the instant land and obstacles prior to the Defendant’s decision to proceed with the Defendant’s business, and based on the result of appraisal conducted in the above procedure for application for preservation of evidence (hereinafter “court appraisal”), the compensation for losses for the instant land and obstacles should be additionally paid.

B. The Plaintiff, among the instant land, was equipped with a flower cultivation facility on a 1,184 square meters in the 1,04 square meters and was engaged in growing and selling perennial plants by planting them in the greenhouse room, and thus, should be compensated for business losses falling under the period of suspension.

The plaintiff's annual average income is KRW 97,296,363.