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(영문) 인천지방법원 2017.04.27 2015구합53101
보상금증액 청구의 소
Text

1. Of the instant lawsuit against the Defendants, the part of the claim for business loss compensation against the Defendants is dismissed.

2. The Defendants are jointly and severally liable.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: General industrial complex development project (B general industrial complex) - Public notice of project implementation authorization: The Gyeonggi-do public notice C on April 8, 2013, the Gyeonggi-do public notice D on September 10, 2013, the Gyeonggi-do public notice E on June 5, 2014, the Gyeonggi-do public notice on July 17, 2014, and the Gyeonggi-do public notice on April 21, 2015: the Defendants.

B. The ruling of expropriation made on July 27, 2015 by the Gyeonggi-do Local Land Tribunal (hereinafter referred to as “instant adjudication”): The date of expropriation: The land and obstacles indicated in the attached Table 1 appraisal report (hereinafter referred to as “instant land”) - Compensation for losses: The amount of money indicated in the “adjudication of expropriation” column in the attached Table 1 appraisal report.

(A) The commission has adopted the amount presented by the Defendants, instead of the appraisal result, as compensation for losses, on the ground that the amount is higher than that of the adjudication. - An appraisal corporation: Sam Chang Chang, Inc., and Il-il appraisal corporation (hereinafter “adjudication appraisal institution”).

C. Results of this Court’s entrustment to appraiser H and I - Contents of appraisal: The fact that there is no dispute as stated in the “court appraisal amount” column for each of the items indicated in the “subject matter” in the attached Table 1 sheet, Gap’s evidence Nos. 1, 2, Eul evidence Nos. 1, 2, Eul evidence Nos. 3-1 and 2 (including the number of branches; hereinafter the same shall apply), Eul evidence Nos. 3-2, the result of this Court’s entrustment to appraiser H and I, and the fact inquiry conducted to appraiser I on Nov. 3, 2016, the purport of the entire pleadings, as a result of the fact inquiry conducted by the appraiser I on Nov. 3, 2016

2. The Defendants’ defense prior to the merits cannot be deemed unlawful without going through the adjudication procedure stipulated in the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) on the part of the claim for the amount of business loss compensation among the instant lawsuit.

Article 77 (1) of the Public Works Act is a business loss resulting from the discontinuation or suspension of business.

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