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(영문) 창원지방법원 2015.06.16 2014구합1367

손실보상금수용재결처분취소 등

Text

1. As to Plaintiff A’s KRW 11,367,680, and KRW 561,450 to Plaintiff B, and each of the said money from July 3, 2014 to June 2015.

Reasons

1. Basic facts

(a) Project name 1) Project approval and public notice: A public notice of project approval and public notice of project approval: (a) on December 24, 2009; D; (b) on July 28, 201; (c) on July 28, 201; (d) on July 5, 2012; and (e) on January 29, 201, G 3 Project implementer: Defendant;

B. From among the ruling of expropriation rendered by the Gyeongnam-do Regional Land Tribunal on December 23, 2013, the part concerning the instant case is subject to confinement: each of the obstacles listed in the separate sheet 1 and 2, owned by the Plaintiffs (hereinafter “each of the obstacles of this case”).

(2) Subject to compensation: The date of expropriation of each of the obstacles in the instant case and business losses related thereto (hereinafter “each of the obstacles in the instant case”) : Compensation for losses on February 14, 2014: Plaintiff A207,645,200 won, Plaintiff B3,075,000 won: 5) An appraisal corporation: Radan appraisal corporation, a stock company, and one appraisal corporation (hereinafter “appraisal of expropriation”) to take an arithmetic mean of the appraisal results.

A person shall be appointed.

(c) Details of the adjudication by the Central Land Tribunal as of May 22, 2014: Plaintiff A25,964,850 won, Plaintiff B36,425,250 won, respectively, respectively; 2) An appraisal corporation: a company dialogue appraisal corporation (hereinafter “alternative appraisal”) and a company Aion appraisal corporation (hereinafter “the foregoing appraiser’s appraisal appraisal”) taking an arithmetic mean of the appraisal results;

D. On February 13, 2014, the Defendant deposited KRW 207,645,200 in the Plaintiff’s name, KRW 33,075,00 in the Plaintiff’s name, KRW 33,075,00 in the Plaintiff’s name, and KRW 18,319,650 in the Plaintiff’s name, and KRW 3,350,250 in the Plaintiff’s name, respectively, as compensation for losses.

E. 1) Among the obstacles in this case, the appraisal method is to be assessed at the cost of relocation, taking into account the structure, conditions of use, size, life, utility, availability, possibility of transfer, and other various factors in the price formation of the building, among the obstacles in this case. If it is difficult to move or it is impossible to use the building for the original purpose due to the transfer, or the cost of the transfer exceeds the price of the building.