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(영문) 수원지방법원 2015.06.30 2013구합14048

손실보상금

Text

1. The Defendant’s KRW 397,913,892 as well as the Plaintiff’s annual rate from June 13, 2013 to June 30, 2015, and the following.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing Project (Haak-un District) - Public notice: June 3, 2009 - Project operator No. 2009-279 announced by the Ministry of Land, Transport and Maritime Affairs on June 3, 2009 - Defendant;

B. The Central Land Expropriation Committee’s ruling on expropriation of April 19, 2013 - Cases subject to compensation: The details, such as obstacles owned by the Plaintiff: 1,084,008,250 won [the total amount of compensation = 10,216,00 won 10,204,622,50 won 3 through 32 of compensation amount for other obstacles: 69,169,750 won : June 12, 2013 - The Central Land Expropriation Committee recognized that the Plaintiff’s claim for compensation for business losses falls under the scope of compensation for housing expenses under Article 2 of the former Enforcement Rule of the Act on Compensation for Loss of Land, Etc. (the average monthly amount of compensation for business losses) by deeming that the Plaintiff’s claim for compensation for business losses falls under the scope of compensation for housing expenses under Article 5 of the former Enforcement Rule of the Act on Compensation for Loss of Land, Etc. (the same shall not apply to the case where the Korea Land Expropriation Committee finds compensation for business losses falling under Article 475 of the former Enforcement Rule of the Act on Compensation for Land.

C. The Central Land Tribunal rendered an objection on August 22, 2013 - The content of the adjudication: dismissed the Plaintiff’s claim to increase the compensation for business losses due to the said adjudication on expropriation.

The expert witness of this Court.