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(영문) 대전고등법원 2017.10.25 2015누118
영업손실보상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 673,352,005 as well as October 2012.

Reasons

1. Details of ruling;

A. The Plaintiff was a company established on April 19, 2001, and installed factory facilities (hereinafter “instant factory”) on the 6able block of the monthly mountain complex in the Nam-gun, Chungcheongnam-gun, Chungcheongnam-do from February 7, 2002 and manufactured and sold chemical products, such as the external absorption agents, plastic stability agents, and agents.

(b) Project approval and public notice - Project name: Urban development project (project in this case; hereinafter referred to as the “project in this case”) - project site: The defendant: the project implementer under the public notice of the Ministry of Construction and Transportation No. 2005-123 on May 24, 2005, - the project implementer:

C. The Central Land Tribunal’s adjudication of expropriation on August 10, 2012 (hereinafter “instant adjudication of expropriation”): Buildings, trees, business facilities, etc. in the instant factory - All the articles listed in the separate sheet Nos. 1 through 47 in the separate sheet Nos. 20 through 47 (hereinafter “instant business facilities”) - Compensation for losses: Total sum of 2,733,518,300 won (i.e., the separate sheet Nos. 1 through 15 in the separate sheet No. 1,017,258,300 in the aggregate of the compensation amounts of each building in the separate sheet Nos. 16 through 19 in the aggregate of the compensation amounts of each item of each item of the instant factory facilities 960,000,000 won, excluding the total compensation amount of business losses related to the instant business facilities, or the remainder of compensation for losses excluding the pertinent amount of business losses hereinafter “301,700,000”).

- The date of commencement of expropriation: - An appraisal corporation on October 4, 2012 - An appraisal corporation, a corporation, or a light-day appraisal corporation (hereinafter referred to as “adjudication”) 【No dispute exists,” written evidence Nos. 1, 2, 6, 7, and 8 (including spot numbers, if any; hereinafter the same shall apply).

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