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(영문) 의정부지방법원 2013.12.10 2012구합664

보상금증액

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) The approval and publication of a project - The construction project (B) - the construction project of the dam (B) - the C public notice of the Ministry of Construction and Transportation on December 20, 2006 - the project operator: the defendant

B. Adjudication of expropriation by the Central Land Tribunal on June 3, 201 - Subject to adjudication of expropriation: Compensation for suspension of work of “E” and “H” operated by the Plaintiff at Spocheon-si: A total sum of KRW 2,756,317,380 [including KRW 1,067,43,010 for suspension of work for E and KRW 1,173,306,550 for suspension of work for H [including KRW 1,173,306,50 for suspension of work for E] and KRW 1,173,306,50 for suspension of work for H] operated by the Plaintiff at Spocheon-si: A certified public appraisal corporation, a certified public appraisal corporation by the Korea Land Appraisal Corporation, and an appraisal corporation by the date of commencement of expropriation: July 4, 2011.

The adjudication by the Central Land Tribunal on January 13, 2012 - Dismissal of an objection - An appraisal business entity: A corporation: A certified public appraisal corporation; the Korea Appraisal Board (based on recognition); the fact that there is no dispute; Gap evidence 1; Eul evidence 2 through 5 (including paper numbers); and the purport of all pleadings.

2. The assertion and judgment

A. The summary of the party's assertion 1) The plaintiff first asked several local governments whether permission to use river water and permission to occupy and use river in order to transfer the instant aquaculture, but all the plaintiff received negative answers. Therefore, unlike the adjudication of acceptance and its judgment, compensation for the closure of the instant aquaculture should be made. Second, even if the instant aquaculture can be transferred, the period of suspension of business is required for not less than 24 months, so the period of suspension of business is required to be more than 24 months. Thus, the amount of compensation should be additionally compensated for the operating profit of 21 months for the instant aquaculture, and the amount of compensation should be determined by the research service report of the Korea Fisheries Research Institute of the Korea National University of Fisheries (A

(2) Defendant 1 does not have any grounds to deem that the transfer of the instant aquaculture is impossible, and thus, Defendant 1 is compensated for the discontinuance of the instant aquaculture.