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(영문) 인천지방법원 2019.12.12 2019구합51608
손실보상금
Text

1. Of the instant lawsuit, the part concerning the claim for actual compensation shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 14,536,257 and its amount.

Reasons

1. Details of the disposition;

(a) Business authorization and public announcement - Name of the project: B housing redevelopment rearrangement project - Public announcement of project implementation authorization: Notice of Bupyeong-gu Incheon Metropolitan City on December 29, 2014 - Project implementer C: Defendant

B. Decision on expropriation made on June 8, 2018 by the Incheon Metropolitan City Regional Land Expropriation Committee - Objects of expropriation: D 139.9 square meters (hereinafter “instant land”) and obstacles, etc. on the land owned by the Plaintiff, and Plaintiff E-child care center businesses conducted from the building on the ground of the instant land (hereinafter “instant business”): Compensation for losses: 254,848,830 won for the instant land; Compensation for losses: 176,340,470 won for obstacles; Compensation for losses of the instant business; 64,039,640 won for losses of the instant business: the date of commencement of expropriation: July 30, 2018.

The Central Land Tribunal's ruling on February 28, 2019 - Compensation for losses: 261,515,070 won for the land in this case, compensation for losses incurred to the business in this case, KRW 185,783,390 for obstacles, and KRW 67,210,70 for losses incurred to the business in this case.

(d) The court appraisal results - The amount of compensation for the instant land: KRW 272,735,050 for the instant land; KRW 70,527,047 for the amount of compensation for the instant business loss; KRW 1,527 for the instant land; KRW 70,527,047 for the instant business loss; KRW 1,5, and KRW 6 for the evidence (including the number number); the result of each commission to the F of appraisal to the

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s argument was that the instant business was discontinued due to the execution of the instant business, and accordingly, the Plaintiff himself and seven workers were unemployed. As such, the Defendant was the Plaintiff’s Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(2) Pursuant to Article 77(3) of the Land Compensation Act and Article 51(2) of the Enforcement Rule of the Land Compensation Act, the Plaintiff and 7 workers are obligated to pay a total of KRW 38,620,000,00,00,00,000,000,000,000,000,000,000,000,000,000,000.

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