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(영문) 인천지방법원 2015.05.21 2014구합32091
손실보상금
Text

1. The Defendants: (a) KRW 24,745,00 for each Plaintiff; and (b) 5% per annum from July 16, 2014 to March 19, 2015 for each Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Housing site development business name: housing site development business (B zone designated water secondarys): Public notice: C publicly announced by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009 - Project operator: Defendants;

(b) The Central Land Tribunal’s ruling on expropriation by May 22, 2014 - those obstacles to the plaintiff’s expropriation by the Central Land Tribunal (hereinafter “instant obstacles”): Total sum of KRW 260,810,300: the date of commencement of expropriation: 260,810,300 for the plaintiff’s compensation: The fact that there is no dispute over July 15, 2014 / [based on recognition] the evidence Nos. 2, 1, 2, 1, and 2, and the purport of the entire pleadings.

2. The assertion and judgment

A. As the Plaintiff’s assertion did not properly compensate for business losses and transfer expenses in the instant expropriation ruling, the Defendant should pay the difference between the compensation for losses and the compensation for losses under the instant expropriation ruling, which was duly calculated based on the court’s appraisal, to the Plaintiff.

B. Determination 1) Evidence Nos. 3 and B Nos. 1 through 4 (including those with serial numbers), and the result of the commission of appraisal to appraiser D (hereinafter " appraiser D", and the result of the appraisal is "court appraisal".

In full view of the purport of the entire pleadings, the following facts can be acknowledged. At the time of the adjudication of acceptance of the instant case, the Korea Appraisal Corporation and the Korea Appraisal Corporation (hereinafter referred to as the “Appraisals of the instant adjudication”).

In this case, the appraisal of the obstacles, compensation for suspension of work, and transfer expenses was conducted, and the compensation for the plaintiff was determined by taking an arithmetic mean of the appraisal results of the appraisers of this case.

The appraiser of the instant case received financial statements from the Plaintiff from 2011 to 2013 regarding the basis of calculation of the appraised value, and stated that the amount of compensation for suspension of work was adjusted based thereon.

However, the appraiser of the instant case assessed the amount of KRW 135,00,000 in a lump sum on the machinery such as the withdrawal of a written appraisal of goods, etc., and compensation for suspension of work and compensation for suspension of work.

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