Text
1. Defendant among the judgment of the first instance, ordered the Plaintiff to pay in excess of the following amount.
Reasons
1. Basic facts
A. On December 14, 2012, the public notice of the B development project and the status B development project (hereinafter “instant project”) of the parties (hereinafter “instant project”) were publicly notified by the Ministry of Land, Transport and Maritime Affairs (Public notice C).
The Defendant is the project implementer of the instant project, and the Plaintiff has been engaged in wholesale and retail business of special crops with the trade name G from the Busan Gangseo-gu F, located within the instant project zone.
B. On September 29, 2016, the Central Land Tribunal rendered a ruling of expropriation on September 29, 2016, the Defendant agreed with the Plaintiff and the owners of land and goods to be incorporated into the instant project, but did not reach an agreement on the amount of compensation. (2) The Central Land Tribunal rendered a ruling of expropriation with the following content.
① Compensation for losses on November 22, 2016: (2) The Plaintiff, who runs the wholesale and retail business of special crops, owns a 192m2m2, E, 1,487m2, F,748m2 (hereinafter referred to as “D land, etc.”) in the instant project implementation district, Gangseo-gu Busan Metropolitan Government, and owns a 192m2m2, E, 1,487m2, F,748m2 (hereinafter referred to as “D land, etc.”), and among them, is recognized as only KRW 11,07
C. The Central Land Tribunal’s adjudication on expropriation and related litigation 1) on November 16, 2012 by the Central Land Tribunal (hereinafter “Central Land Tribunal”) shall be the Gangseo-gu Busan Metropolitan City H and I land (hereinafter “H et al.”).
(2) On January 2, 2013, the Plaintiff filed a lawsuit against the Korea Land and Housing Corporation in Busan District Court 2013Guhap25 (hereinafter “the first instance court of the relevant case”) seeking additional payment of KRW 86,176,740, the amount of compensation for expropriation was determined as KRW 13,650,00 (business losses of KRW 13,650,000).
The grounds for the plaintiff's assertion that the compensation for losses was reduced are as follows.
① The Plaintiff’s sales revenue in 2007 and 2008 amounting to KRW 1,455,173,051 in total, and this is a business compensation instead of farming compensation on the ground that farming is cultivated by using a base without using power.