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(영문) 서울행정법원 2016.02.17 2015구합66165
보상금증액 청구의 소
Text

1. The Defendant’s KRW 7,448,00 and its related KRW 5% per annum from June 13, 2015 to February 17, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business name and public announcement - Business name A: A housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Business area: The Eunpyeong-gu Seoul Metropolitan Government B (hereinafter referred to as “instant project area”): The public announcement, etc. on August 16, 2007 (Public Notice C), the authorization for the establishment of a district on June 12, 2009, the authorization for the establishment of a project on May 26, 201 (Public Notice D of Eunpyeong-gu Seoul Metropolitan Government), and the authorization for the implementation of a management and disposal plan on November 27, 2014 (hereinafter referred to as “project implementer”): the Defendant.

(b) Seoul Regional Land Tribunal’s ruling on expropriation on April 24, 2015 (hereinafter “instant adjudication on expropriation”): The Plaintiff’s goodwill in Eunpyeong-gu Seoul E and the first floor in the instant project area (hereinafter “instant goodwill”) - The starting date of expropriation: - Compensation for losses on June 12, 2015 - Compensation for losses: 46,705,000 won

C. On August 10, 2015, the Defendant deposited KRW 46,705,00 as the Plaintiff on the ground that the deposited person was the Plaintiff according to the instant expropriation ruling.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. In calculating the operating profit corresponding to the period of suspension of business, in 2014, the Plaintiff’s operating profit was recorded by the Defendant’s business in this case. As such, the year in which the normal business was not achieved due to special circumstances should be excluded from the average operating profit for the last three years, and the operating profit corresponding to the period of suspension of business (four months) shall be calculated based on the operating profit for the year 201, 2012 and 2013.

B. According to the result of an appraisal commission with respect to a certified public appraiser F in charge and an appraisal corporation (hereinafter “court appraiser”) of this court (hereinafter “court appraisal”), operating income corresponding to the period of suspension of business is KRW 51,501,00,000, and in addition, the Defendant may transfer to the Plaintiff the fixed cost of KRW 8 million, including the labor cost of the minimum manager according to the court appraisal and the transfer thereof.

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