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(영문) 부산지방법원 2016.07.21 2014구합22978
토지보상금 등 증액청구의 소
Text

1. The part concerning the claim for compensation for land, obstacles and business losses in the lawsuit of this case shall be dismissed;

2...

Reasons

1. Basic facts

(a) Business approval and public announcement - Business name - Business name : Defendant - Business site development and rearrangement project: Defendant - Business site: 25,515.1 square meter (hereinafter referred to as “instant rearrangement zone”): Approval of the first project implementation plan: November 5, 2009 (D public notification of the Busan Metropolitan City annual implementation plan on November 11, 2009): Approval of the project implementation plan: September 27, 2012 (Public notification E of the Busan Metropolitan City annual implementation plan on October 10, 2012);

(b) Results of each adjudication by the Busan Metropolitan City Land Tribunal and the Central Land Tribunal, the results of the commission of appraisal by the appraiser F of this Court are as follows:

1) Adjudication on expropriation by the local Land Tribunal of Busan Metropolitan City on January 27, 2014 - Date of expropriation: March 12, 2014: The land owned by the plaintiff in the instant project zone, obstacles, business rights - Compensation for each object of expropriation: The term "compensation" in attached Table 2 shall be as follows: 2) the Central Land Tribunal's ruling on October 23, 2014 - The land owned by the plaintiff in the instant project zone, obstacles, business rights - Compensation for each object of expropriation: The term "compensation" in attached Table 2 shall be as follows.

3) Results of the appraisal commission to the appraiser F of this Court (including parts supplemented and corrected by the fact inquiry results of May 13, 2015 for the above appraiser; hereinafter the same shall apply)

(C) The Plaintiff agreed with the Defendant on November 6, 2014 (hereinafter referred to as the “instant agreement”) is as follows: (a) the amount of compensation for the facility relocation cost: The amount of compensation for losses indicated in the attached Table; (b) the Plaintiff agreed with the Defendant.

The main contents of the instant letter of agreement are as follows.

Defendant A: G, Plaintiff

1. A shall pay 40,000,000 won to B as compensation for resettlement;

2. A shall pay 50% of the compensation for resettlement under paragraph (1) within seven days after the conclusion of the contract, and the remainder shall be paid in cash on the date of confirmation of resettlement.

3. Section B shall ensure that no later than November 3, 2014, move and surrender, shall take out articles necessary for relocation, and shall hinder Party A’s removal.

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