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(영문) 수원지방법원 2015.06.10 2013구합21121

손실보상금증액청구의소

Text

1. The part concerning the claim for suspension of work in the instant lawsuit shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 1,240,000 and this shall apply.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Business name of the Bogeumjari Housing District Development Project (hereinafter referred to as the "Project in this case"): Defendant: No. 2009-1140, Apr. 27, 2010, public notice of the Ministry of Land, Transport and Maritime Affairs No. 2010-244, Apr. 27, 2010, No. 2012-187, Apr. 17, 2012, announced by the Ministry of Land, Transport and Maritime Affairs No. 2012-187, Apr. 17, 2012;

B. The Central Land Tribunal’s ruling of expropriation on February 22, 2013 (hereinafter “instant adjudication of expropriation”): the obstacles owned by the Plaintiff (hereinafter “instant obstacles”) located in the “C” located in the city of Silung-si (hereinafter “instant obstacles”) - The date of commencement of expropriation: April 17, 2013 - the total amount of compensation: 231,915,000 won: the Korea Appraisal Board, the Korea Appraisal Board, the Korea Appraisal Board, and the Korea Appraisal Board.

C. On April 15, 2013, the Defendant deposited KRW 54,336,350, after deducting the Plaintiff’s amount of tax in arrears from KRW 177,578,650, out of the amount of compensation for the instant obstacles as stipulated in the expropriation ruling by the Suwon District Court Decision No. 2013, Apr. 15, 2013.

Determination by the Central Land Tribunal on November 21, 2013 (hereinafter referred to as “adjudication on objection of this case”): Dismissal of adjudication results - An appraisal corporation which is the first appraisal corporation, the second appraisal corporation, and the future appraisal corporation which are new.

E. The Court's entrustment of appraisal to appraiser D (hereinafter "court appraisal") - Compensation for losses for the instant obstacles: 23,155,00 won in total 233,15,000 won 【Ground of Recognition】 There is no dispute, Gap's 1 to 5, Eul's 1 to 4 (which include each number number), the result of the appraisal entrustment to appraiser D, the purport of the entire pleadings as a whole.

2. The plaintiff's assertion

A. From April 2003, the Plaintiff has been running a water-based business in the Silung City B, which is located within the instant business district, with the trade name of “C”. Since the instant business has resulted in the suspension of business due to the implementation of the instant business, the Defendant is obligated to compensate the Plaintiff for business losses during the period of suspension.