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(영문) 부산지방법원 2017.12.21 2016구합24695

손실보상금

Text

1. The Defendant: KRW 636,127,278; and KRW 5% per annum from November 23, 2016 to December 21, 2017 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: B development project (hereinafter referred to as “instant project”): Defendant - Public notice: C public notice of the Ministry of Land, Transport and Maritime Affairs on December 14, 2012

B. The Central Land Tribunal’s ruling of expropriation on September 29, 2016 - The date of expropriation: November 22, 2016 - The Plaintiff operating a special crop wholesale and retail business: The Plaintiff, in the instant project implementation district, owns a 192 square meters of D warehouse site in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, and owns a 11,072,100 square meters of land (hereinafter “D land, etc.”), and among them, only KRW 11,072,100 of business compensation for D land is recognized (based on recognition). Of which there is no dispute (based on recognition), each entry of Gap, 2, 4 evidence, Eul, 1,2, and 4 (including a serial number; hereinafter the same shall apply), and the purport of the entire pleadings and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff had not paid KRW 720,821,617 to the Plaintiff, even though the Plaintiff installed a plastic house on the ground of 658.4 square meters among E land and 2,880 square meters among F land, and 3,538.4 square meters, and cultivated a organic farm and meet the requirements for compensation for farming losses.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 709,449,517, and delay damages therefrom, excluding KRW 11,072,100, which was already paid at the above KRW 720,821,617.

Even if the portion of 361.4 square meters of land E, in which the Plaintiff cultivated malle and spaws (hereinafter “unspawn land”), is not subject to farming compensation, the amount of farming compensation that the Plaintiff is entitled to receive with respect to the remaining land is KRW 647,19,378, and thus, the Defendant is obliged to pay to the Plaintiff the amount of 636,127,278 won, excluding the amount of business compensation paid from the said money, and the delay compensation therefor.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination of the scope of compensation for farming loss (A) the compensation for losses as stipulated by Article 45 of the former Land Expropriation Act (amended by Act No. 6656 of Feb. 4, 2002) is a public project.