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(영문) 부산지방법원 2015.07.17 2014구합1308
토지수용재결처분취소 등
Text

1. The Defendant’s KRW 5,848,740 as well as the Plaintiff’s annual rate of KRW 5% from December 18, 2013 to July 17, 2015.

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 Expropriation Committee 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 results of the previous appraisal by the previous appraisal corporation and the results of the appraisal by the corporation Fladice Evaluation Corporation): the Defendant deposited the said compensation for losses as the Busan District Court 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 on the average of the appraisal results and the results of national appraisal by the Pacific appraisal corporation) - Defendant deposited KRW 2,252,090 increased compensation as the Busan District Court No. 986 in April 29, 2014.

As a result of the court’s entrustment to appraiser G (hereinafter “court’s appraisal”) - Contents of appraisal: 29,143,740 won (specific contents are as listed below) in the table: 10,243,740 won in operating income of the court subject to the appraisal, 10,243,740 won in the transferable business facilities, such as the relocation cost of 10,800,000 industrial electricity for 8,500,500 industrial electricity for 1,200,000 or 800,000,000 won in the total of 29,200,000 tons and 5,000,000 tons in the calculation, and 3,143,740 in the total of 29,143,740 won in the transfer cost of facilities.

(f) Relevant statutes are as listed in the annexed sheet.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 13 (including each number), and the appraiser of this court.

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