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(영문) 부산고등법원 2017.06.02 2015누22523
토지수용재결처분취소 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. From August 5, 2009, the Plaintiff operated the wholesale retail and manufacturing business of electric appliances, etc. with the trade name, namely, C (C; hereinafter “instant business establishment”) in Gangseo-gu Busan Metropolitan Government B (hereinafter “instant business establishment”).

(b) Business name - Project name: Urban planning facility project (D) - Defendant - Project operator: Defendant - Public notice of implementation plan: Busan Metropolitan City public notice of June 1, 201 - Public notice of change of implementation plan: F notice of Busan Metropolitan City public notice of March 27, 2013.

C. The adjudication of expropriation made by the Central Land Tribunal on October 24, 2013 - The date of expropriation: December 17, 2013: Compensation for losses for goodwill and facility relocation expenses at the instant place of business - Compensation for losses: KRW 21,042,910 (the average amount of the appraisal results of the previous appraisal corporation and the appraisal results of the corporation using the offline project evaluation): the Defendant deposited the said compensation for losses under the Busan District Court Ordinance No. 2091 on December 13, 2013.

- Adjudication made by the Central Land Tribunal on March 20, 2014 - Compensation for losses: 23,295,000 won (calculated as the average amount of the appraisal results and the results of national appraisal by the Pacific appraisal corporation) - Defendant deposits KRW 2,252,090 increased compensation on April 29, 2014 as the Busan District Court No. 986 in order to deposit KRW 2,252,090 in Busan District Court for 2014.

(e) Results of the entrustment of appraisal to the appraiser G of the first instance (hereinafter referred to as “appraisal of the first instance”): 29,143,740 won (specific contents as indicated below) for the acquisition of the transferable business facilities, such as the transfer cost of 10,80,740,000 industrial electric electric power 1,200,000 industrial electric power 1,200,000 square meters 50,000 square meters for 80,000,000 hardware of 1,200,000 hardware of stairs of 29,200,000 and 1,2,000,000 or more, and 2,00,33,740 square meters in total, and 29,143,740;

F. Results of a request for appraisal of L of a trial party (hereinafter “appraisal”) - Contents of appraisal: Total cost of 29,685,000 won for relocation of business facilities: the first instance court’s appraisal is deemed impossible to move.

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