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(영문) 광주지방법원 2019.06.13 2018구합10187
수용보상금액 증액 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details, etc. of ruling;

(a) Project approval and publication - Housing Redevelopment and rearrangement project in Zone B - C published by Gwangju Metropolitan City on September 23, 2015 - Project implementer: Defendant;

(b) Gwangju Metropolitan City Land Tribunal’s ruling of expropriation on March 15, 2017 - Compensation subject to the Plaintiff’s trade name “E” in Gwangju-dong-gu Do - The starting date of expropriation - Compensation for losses on May 14, 2017 - 15,603,33 won

(c) The Central Land Tribunal’s ruling on December 21, 2017 - Details of the ruling: The Plaintiff’s rejection of the objection [based on recognition] is without dispute, entries in Gap evidence 1 through 5 (including various numbers; hereinafter the same shall apply), and the purport of the entire pleadings;

2. The Plaintiff’s assertion has been engaged in cargo transport agent business under the trade name “E” in Gwangju-dong, Gwangju-gu, located in the instant rearrangement zone. As a result of the instant rearrangement project, business losses have occurred as a result of the suspension of business, the Defendant is obligated to pay the Plaintiff KRW 40,325,000, the difference between the reasonable amount of compensation for business losses and the amount of compensation for expropriation decision.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. In a lawsuit seeking increase in compensation for losses, the burden of proving that the amount of reasonable compensation exceeds the amount of compensation stipulated in the adjudication of expropriation or objection is greater than that of the compensation for losses to the Plaintiff.

(See Supreme Court Decision 2003Du1226 delivered on October 15, 2004). B.

The Plaintiff asserts that the Defendant is liable to pay the Plaintiff compensation of KRW 40,325,00,00, which is calculated by calculating the arithmetic mean of the total operating value of each of the above appraisal reports, based on the part concerning the Plaintiff’s business offices among the appraisal reports of business rights under F and G (No. 3-1, 2) on the previous assets, etc. requested by the head of Gwangju Metropolitan City Dong-gu in order to establish the management and disposal plan of the instant rearrangement project.

However, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

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