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(영문) 부산지방법원 2015.09.10 2015구합20184
손실보상금
Text

1. The Defendant’s KRW 15,659,050 for the Plaintiff and KRW 5% per annum from February 3, 2015 to September 10, 2015.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public notice - Project name: B housing redevelopment and rearrangement project - Project implementer: Defendant - Public notice of project implementation authorization: Seo-gu Busan Metropolitan City public notice on May 28, 2008; D, June 8, 2012; and E, February 19, 2014;

B. On May 19, 2014, the Busan Metropolitan City regional land expropriation ruling (hereinafter “instant expropriation ruling”) and the Central Land Tribunal’s ruling of objection (hereinafter “instant objection”) on December 18, 2014, and as a result of the court’s entrustment of appraisal, the Plaintiff filed an application for appraisal of not only the instant land, which is subject to expropriation, but also the price and business loss of the relevant ground building (including the land’s fixtures). However, since the removal of the building where the Plaintiff’s place of business was located at the time of appraisal, the appraisal was actually conducted only for the instant land.

- Subject matter of expropriation: The date of commencement of expropriation of the building and its ground (including the ground) on July 4, 2014, in Busan, Seo-gu, Busan, which is owned by the Plaintiff (hereinafter “instant land”): 150,981,500,500,1539,150 170,698,200 of the instant land as a result of the court’s entrustment of appraisal of the instant land subject to expropriation on July 4, 2014, 55,245,505,505,89,80-200 of the instant land and obstacles (health operating income) 10,156,000,000,444,050 - 4,750,000,510,000 - 21,230,130,000, -306,209, -306, and 408, respectively.

2. The assertion and judgment

A. The Plaintiff’s assertion and the appraisal conducted in the instant expropriation ruling and the instant objection ruling did not properly reflect the market price of the instant land, which is the subject matter of expropriation. The reasonable value of the instant land is KRW 170,698,200, which is the appraised value confirmed by the court’s entrustment of appraisal. Thus, the Defendant is the Plaintiff.

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