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1. The Defendant’s KRW 84,267,40 for the Plaintiff and KRW 5% per annum from January 13, 2016 to January 10, 2019.
Reasons
1. Details of ruling;
(a) Business approval and public notice - Business name: Road project (B; hereinafter referred to as “instant project”): Defendant - Business operator: Defendant on April 30, 2014 (Public Notice of the Minister of Land, Infrastructure and Transport C);
B. The Central Land Tribunal’s adjudication on expropriation (hereinafter “instant adjudication on expropriation”) dated 19, 2015 - On January 12, 2016, the date of expropriation: - Items that impede the entry in the list of obstacles attached to attached Table 1 (hereinafter “each obstacles in the instant case”) owned by the Plaintiff and general business compensation (hereinafter “instant compensation”): The amount of compensation for losses for expropriation: KRW 329,765,00 (261,075,000 for each obstacles in the instant case; KRW 68,690,00 for business losses in the instant case); - An appraisal corporation for expropriation (hereinafter “appraisal”) shall be an appraisal corporation:
C. Results of appraisal of obstacles to this court appraiser G (hereinafter “court appraisal”): Compensation for losses: 345,342,40 won in total of the compensation amounts listed in the separate sheet No. 2 list 345,342,400 【Grounds for Recognition】 There is no dispute, Gap evidence No. 1-4, 5, Eul evidence No. 1-5, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that the amount of compensation for damages for each of the obstacles of this case is too deficient. As such, the compensation for damages for each of the obstacles of this case should be increased to KRW 84,267,40 (= KRW 345,342,400 - KRW 261,075,00), which is the difference between the amount of compensation for each obstacle of this case as stipulated in the court’s appraisal and the court’s ruling of expropriation (i.e., KRW 345,342,40 - KRW 261,075,00).
Although the Plaintiff assessed 65,800,000 won in a lump sum as compensation for losses, the expenses actually incurred by the Plaintiff shall be KRW 190,000,000.