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(영문) 서울고등법원 2017.06.16 2015누69609
손실보상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Incheon Smaid Zone housing site development project (hereinafter “instant project”): Public notice of business approval: The Defendants on February 6, 2009, No. 2009-51 announced by the Ministry of Land, Transport and Maritime Affairs on January 6, 2010, No. 2009-1037, Jan. 6, 2010

B. The Central Land Tribunal’s ruling of expropriation on January 23, 2014 (hereinafter “instant adjudication of expropriation”): - Items 698-3 and 710 above ground obstacles (hereinafter “instant obstacles”): The date of commencement of expropriation: March 18, 2014 - The amount calculated by taking an arithmetic mean of each appraisal result of the two appraisal corporations (131,039,250 won en bloc of the instant obstacles) and the Sam Chang Chang appraisal Corporation (131,039,250 won) - The fact that there is no dispute with Gap evidence 2 (including the provisional number; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings, the purport of the whole pleadings.

2. Determination on the claim for the payment of business loss compensation

A. 1) In full view of the Defendants’ present safety defenses, the part seeking compensation for business losses among the instant lawsuit brought by the Defendants without going through the adjudication procedure, and thus is unlawful. 2) In order to receive compensation for business losses pursuant to Article 77(1) and (4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects prior to the adjudication (hereinafter “Land Compensation Act”), Articles 45, 46, and 47 of the Enforcement Rule of the Land Compensation Act, Articles 26, 30, 34, 50, 61, and 83 through 85 of the Land Compensation Act, and Articles 83 through 85 of the Land Compensation Act shall only be entitled to remedy for losses under Article 85 of the Land Compensation Act, if a person who discontinues or suspends his/her business due to public works is dissatisfied with the adjudication procedure stipulated in Articles 34 and 50 of the Land Compensation Act.

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