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(영문) 부산지방법원 2013.06.27 2012구합790

지장물보상금증액

Text

1. The Defendant’s KRW 519,407,935 as well as annual 5% from September 8, 2011 to April 11, 2013, and the next day.

Reasons

1. Details of ruling;

(a) Business approval and public notice - A free economic zone development project (the first part of a free economic zone zone; hereinafter referred to as the "project in this case"): A project approval: December 31, 2008 - A project operator No. 2008-230 of the Ministry of Knowledge Economy on December 31, 2008 - A project operator: Defendant

B. Adjudication on expropriation by the Central Land Expropriation on July 15, 201 - Articles subject to compensation by the Central Land Expropriation Committee (hereinafter “instant obstacles”): 464,823,060 won - Date of commencement of expropriation: September 7, 2011.

Adjudication by the Central Land Tribunal on January 13, 2012 - Goods subject to compensation - Goods subject to compensation: In the instant obstacles - Compensation for expropriation: 469,540,680 won - An appraisal corporation: Before an appraisal corporation by means of Co., Ltd., Ltd., and Aion appraisal corporation by a stock company (hereinafter referred to as “appraisal”) [based grounds for recognition], each entry in Gap’s 2, 3, Eul’s 1, 2, and 4 evidence (including a provisional number; hereinafter the same shall apply), and the purport of all pleadings, as a whole.

2. The defendant's main defense and judgment

A. The Plaintiff sought business compensation pursuant to Article 77 of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Public Works Act”) and Article 52 of the Enforcement Rule of the same Act. In order to seek business compensation pursuant to the Public Works Act, the Plaintiff is entitled to legal remedy only when he/she objects to the adjudication after going through the adjudication procedure prescribed in the Public Works Act. Thus, the instant lawsuit seeking business compensation without going through such adjudication procedure is unlawful.

B. The plaintiff clearly expresses the purport that he/she seeks an obstacle compensation rather than seeking a business loss compensation to the defendant. Thus, the defendant's above premise that the plaintiff seeks a business loss compensation is the same.