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(영문) 광주지방법원 2017.07.06 2016구합10466

손실보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties, etc. is that the Plaintiff is engaged in manufacturing and wholesale sales of the salted fish, etc. with the trade name of limited company C in the Jeonnam-gun B. The Dolsan Regional Land Management Office of Land, Transport and Maritime Affairs (hereinafter “Sasan Regional Land Management Office”) is an affiliated organization of the Defendant, and the Plaintiff is an affiliated organization of the Defendant.

B. 1) Project name: An urban project [D] public announcement (hereinafter “instant project”): A public announcement made on August 11, 2010 by the Ministry of Land, Infrastructure and Transport, and the project implementer publicly notified on August 5, 2013: the head of the next Regional Construction and Management Administration (hereinafter “instant expropriation adjudication”) on January 21, 2016 by the Central Land Expropriation Committee (hereinafter “instant expropriation adjudication”).

(A) Objects to be expropriated: Compensation for land (1) for the expropriation date of part of the land for factory in Yong-gun, Young-gun and the above ground processing factory (hereinafter “instant land”) and part of the above ground processing factory (hereinafter “instant water”): Compensation for land compensation (2) for losses on March 15, 2016: Compensation for land compensation of KRW 2,419,950, and compensation for the relocation of obstacles and business facilities: 43,314,200, including compensation for the relocation of obstacles and business facilities (hereinafter “instant compensation for losses”): Compensation for land compensation of KRW 45,734,150, including compensation for the relocation of obstacles and business facilities (hereinafter “instant compensation for losses”).

C. On March 10, 2016, the Defendant deposited the said KRW 45,734,150 as the Gwangju District Court No. 1532 in 2016 with the Plaintiff as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion 1) Some of H H land in Young-gun, Young-gun, Jeonnam-gun, which the Plaintiff owned, was expropriated following the execution of the instant project, but was not included in the land subject to expropriation. (2) The reasonable amount of compensation for the septic tank’s claim on septic tanks and toilets was not set, and the toilets installed on the ground of the instant land subject to expropriation were not included in the area subject to expropriation.

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