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(영문) 부산지방법원 2017.03.23 2016구합23968
손실보상금
Text

1. The Defendant’s KRW 54,911,890 for the Plaintiff and 5% per annum from October 31, 2015 to March 23, 2017.

Reasons

1. Basic facts

A. The Defendant is an association established with authorization from the head of Si/Gun/Gu for the purpose of the B housing redevelopment improvement project for the zone B located in the Busan Metropolitan City Suwon-gu, Busan Metropolitan City, and the Plaintiff held each 4/6 share of D-238 square meters and E-225 square meters in the above project area (hereinafter referred to as the “instant land” and the 4/6 share of the ground obstacles thereto (hereinafter referred to as the “instant obstacles”). However, the Plaintiff made a ruling of expropriation for the above land and obstacles as follows.

B. On October 13, 201, the Defendant obtained the authorization of the above project implementation from the head of Suwon-gu Busan Metropolitan City, and received the authorization of the management and disposal plan on October 29, 2014.

C. As the Plaintiff and the Defendant did not reach an agreement on compensation for the instant land and obstacles, they applied for adjudication of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee.

On September 14, 2015, the above local Land Tribunal accepted the land and obstacles of this case owned by the plaintiff, and the compensation for the plaintiff shall be KRW 396,686,660 of the land of this case and KRW 105,092,350 of the obstacles of this case, and the commencement date of expropriation shall be October 30, 2015.

As the Plaintiff refused to receive the above compensation, the Defendant deposited the total amount of KRW 501,779,010 (=396,686,660 KRW 105,092,350) for the Plaintiff on October 22, 2015.

The Plaintiff filed an objection against the adjudication of expropriation. On August 25, 2016, the Central Land Expropriation Committee set the Plaintiff’s compensation for losses as KRW 408,787,80 of the instant land and KRW 109,376,710 of the instant obstacles.

On December 20, 2016, the Defendant additionally deposited KRW 518,164,510 (=408,787,800, KRW 109,376,710) and KRW 16,385,500 (=518,164,510-501,779,010), which are the difference between KRW 501,779,010, and KRW 501,779,010 (=518,164,510-501,779,010).

E. The defendant seeks delivery of the obstacles of this case against the plaintiff.

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