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(영문) 의정부지방법원 2017.06.22 2016구합10256
손실보상금
Text

1. The part claiming for business loss compensation in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Railroad construction project (B) - Public notice: C announced by the Ministry of Land, Infrastructure and Transport on August 3, 2015 - Business operator: Defendant;

B. The Central Land Tribunal’s ruling of expropriation on September 29, 2016 (hereinafter “instant ruling”): each obstacle listed in the separate sheet on the D’s surface at Namyang-si (hereinafter “instant obstacles”) - Compensation for losses: Total sum of KRW 25,064,650 - The date of commencement of expropriation: - An appraisal corporation on November 22, 2016 - An appraisal corporation, a stock company, etc. (hereinafter “appraisal”) (hereinafter “adjudication”).

C. The result of the commission of appraisal to appraiser E (hereinafter referred to as “court appraisal”) - Each obstacle - Compensation for losses - total of KRW 18,660,00 except for each obstacle of this case, which is destroyed or missing: The fact that no dispute exists, Gap’s evidence Nos. 2, 9, and Eul’s evidence Nos. 2-4 and 2-5, the result of the commission of appraisal to appraiser E by this court, the purport of the whole pleadings, including the result of the commission of appraisal to appraiser E by this court.

2. The assertion and judgment

A. The Plaintiff’s assertion that compensation for losses incurred to each of the obstacles of the instant case cannot extend to just compensation for losses.

In addition, the Plaintiff installed plastic greenhouses on the ground of the D land in Namyang-si, Namyang-si, and cultivated and sold grown-gu, but did not compensate for business loss.

Therefore, the Defendant is obligated to pay the Plaintiff the difference between the reasonable compensation for each obstacle of this case and the compensation amount for the instant adjudication and the business compensation amount.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination 1) With respect to the legitimacy of the part of the claim for business loss compensation in the instant lawsuit, ex officio determination as to the lawfulness of the part of the claim for business loss compensation, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Article 77 (1), (4), and (3).

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