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(영문) 수원지방법원 2020.09.10 2019구합67501
손실보상금
Text

1. The Defendant’s KRW 933,529,950 for the Plaintiff and KRW 5% per annum from January 3, 2019 to September 10, 2020.

Reasons

1. Details, etc. of ruling;

(a) project approval and public notice - B public housing project - C public notice of the Ministry of Land, Infrastructure and Transport on December 31, 2015, and D public notice of the Ministry of Land, Transport and Maritime Affairs on December 28, 2016 - project operator: the king market, and the defendant;

B. The Central Land Tribunal’s ruling of expropriation on November 8, 2018 (hereinafter “the instant ruling of expropriation”) - The land subject to expropriation and compensation: E, 616§³ in the city of the Plaintiff’s ownership, F, 694С in G, 1109§³ in G, 249§³ in H, 2498§³ in H. (hereinafter referred to as “land number”); and the business obstacles to each of the instant land and the ground thereof (hereinafter “each of the instant land”): The starting date of expropriation (hereinafter referred to as “each of the instant obstacles, etc.”) - Compensation for losses on January 2, 2019: 6,816,695,700 won in each of the instant land; and 1,549,767,500 won in each of the instant obstacles, etc.

C. The Central Land Tribunal’s ruling on objection on May 23, 2019 (hereinafter “the instant ruling”): Compensation for losses: (a) KRW 7,193,049,550 of each of the instant lands (an appraisal made in the instant ruling on expropriation shall be assessed as land for a factory with a size of 375 square meters in G 1,109 square meters, which evaluated the current status in the instant ruling on expropriation; hereinafter the same shall apply).

D. The result of the court appraiser I’s appraisal of each of the instant lands (hereinafter “court appraisal”) - Compensation for losses: The statement in the “court appraisal amount” as set out below is as follows.

- The portion of the site of an unauthorized building constructed on the ground of H 2,498 square meters (hereinafter “instant factory building”) (the part corresponding to the floor area of 159.9 square meters; hereinafter “instant factory site”) shall be calculated on the assumption that the actual use of the site is a factory site. - The compensation amount shall be calculated on the assumption that the actual use of the site is a factory site. - With respect to G 375 square meters, G 74 square meters, G 734 square meters, H 159.9 square meters, H 159.9 square meters, F 9 square meters, and F 9 square meters, which are assessed as the site for factory (hereinafter “instant land”), the compensation amount shall be the following administrative conditions.

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