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(영문) 수원지방법원 2016.02.03 2014구합51907
손실보상금
Text

1. The Defendant’s KRW 384,668,735 as well as the Plaintiff’s annual rate of 5% from September 9, 2015 to February 3, 2016, and the following.

Reasons

1. Details of ruling;

A. From July 2, 2001, the Plaintiff has run the manufacturing wholesale and retail business, etc. of furnitures, food supplies, etc. (hereinafter “instant business”) on the ground of the plot of land (hereinafter “instant land”).

(b) Business approval and public notice - Business name: The project for the Bogeumjari Housing (hereinafter referred to as the “instant project”): The defendant on June 3, 2009, public notice of the Ministry of Land, Transport and Maritime Affairs No. 2009-279;

(c) The Central Land Expropriation Commission’s ruling on expropriation on September 26, 2013 - Costs for the Plaintiff’s business losses and the removal of obstacles, such as goods, business facilities, trees, etc. on the ground of the instant land - Costs for the commencement of expropriation: 4,943,067,580 won in total: (i) the total amount of compensation for business losses: KRW 4,943,067,580 (i) the cost for the transfer of obstacles to KRW 861,845,50 of the amount of compensation for business losses, KRW 4,081,22,08,00 for the transfer of obstacles to KRW 4,081,2

D. Determination by the Central Land Tribunal on February 20, 2014 – Compensation for losses: Total amounting to 5,072,571,440 won (i.e., expenses incurred in transferring obstacles to the amount of compensation for business losses to KRW 885,371,00: 4,187,200,440): An appraisal corporation: Alban appraisal corporation; one appraisal corporation (hereinafter referred to as “adjudication appraiser”; and one appraisal corporation (hereinafter referred to as “appraisal”) as a result of the appraisal; and

E. The appraiser A and B entrusted by the appraiser A and B (hereinafter referred to as the "court appraiser") - The appraisal results are 5,457,240,175 won in total: 5,457,240,175 won in total: [The amount of compensation for business loss = 1,041,147,614,625 won in the cost of transfer (the cost of transfer) of obstacles (the cost of KRW 697,800 in the cost of transfer (the cost of transfer) of obstacles (the cost of operating facilities) of KRW 349,00,000 in the cost of transfer of obstacles (the cost of transfer of goods) and other obstacles (the cost of KRW 3,201,678,550 in the cost of transfer of goods) - The fact that there is no dispute between the appraiser A and B, Gap evidence No. 1 through 5, Eul, and evidence No. 1, 2 (including each number), and Eul.

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