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1. The Defendant’s KRW 4,700,000 as well as the Plaintiff’s annual rate of 5% from November 16, 2018 to March 27, 2020.
Reasons
1. Details of ruling;
A. Business Approval and Public Notice - B Housing Redevelopment rearrangement project implemented by the Defendant (hereinafter referred to as “instant project”) - Business Implementation Plan Approval and Public Notice, etc. (Public Notice C, Suwon City, December 11, 2015, D, Jun. 12, 2018)
(b) The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on October 1, 2018 - Subject to expropriation: from August 20, 1996 to the effect that the Plaintiff has run the wholesale and retail business of packing materials, cleaning goods, etc. (hereinafter “instant business”) under the trade name of “G” on the Suwon-Gu E and F ground in the improvement zone from around August 20, 1996 - The starting date of expropriation: November 15, 2018 - Compensation for business loss (based on recognition): 47,300,000 won (hereinafter “adjudication”) (based on compensation for suspension of work) - The fact that there is no dispute on the ground of recognition / The purport of each of the statements in Gap 1 through 3, and the purport of all the arguments as a whole.
2. Determination
A. The Plaintiff’s assertion amount of adjudication is considerably low and unfair, so the amount of compensation should be increased according to the result of the appraiser H who was entrusted with the appraisal by this Court (hereinafter “court appraiser”) as a result of the appraisal.
(b) as shown in the attached Form of the relevant statutes;
C. Article 7(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 47(1), (2), and (6) of the Enforcement Rule of the same Act stipulate that operating losses from suspension of business shall, in principle, be assessed by aggregating the fixed expenses, such as the depreciation costs and maintenance costs of the business assets during the period of suspension of business and the reduced operating income generated after the relocation of the place of business, and the expenses incurred in the relocation of the place of business, and the expenses incurred in the relocation of the business facilities, etc. for the minimum number of persons who have to normally work during the period of suspension of business, and the expenses incurred in relocating the place of business, such as the depreciation
In this case, the suspension of the business of this case is followed.