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(영문) 부산지방법원 2014.04.03 2013구합21138
손실보상금
Text

1. The defendant,

A. The Plaintiff A’s KRW 81,415,00 and the annual rate of KRW 5% from September 25, 2013 to April 3, 2014.

Reasons

1. Basic facts

A. Project approval and announcement 1) A project for the urban high-tech industrial complex development project (hereinafter “instant public project”).

(2) Project approval: The defendant; the project operator of Busan Metropolitan City Notice No. 2012-141, April 11, 2012;

B. 1) The Plaintiffs are buildings of the F 3,733 square meters and its ground owned by Busan Metropolitan City (hereinafter referred to as “instant land”), and the land and buildings are combined to the land and buildings owned by Busan Metropolitan City.

Some of them were leased by the head of the Busan Metropolitan City Council that manages them, and the Plaintiff A used the manufacturing industry of early synthetic leather leather processing, etc. under the trade name of the Plaintiff B, the Plaintiff C engaged in the manufacturing industry of new parts with the trade name of H, the Plaintiff C engaged in the manufacturing industry of new shoes, etc. with the trade name of H, the Plaintiff C engaged in the manufacturing industry of new works, such as electrical construction, etc., the Plaintiff Co., Ltd., the Plaintiff D engaged in the manufacturing industry of new shoes, etc. with the trade name of J, and the Plaintiff E engaged in the manufacturing industry, such as new shoes, etc.,

2. Common facilities compensation (hereinafter referred to as “attached Form 2”) are installed as obstacles (hereinafter referred to as “each obstacles of this case”).

2) As the above land was expropriated due to the implementation of the instant public works, the Plaintiffs demanded the Defendant to compensate for losses and business losses for each of the obstacles of this case, and the Defendant did not reach an agreement on compensation on January 17, 2013, on the ground that each of the obstacles and business losses was not the subject of compensation. (iii) The Plaintiffs demanded the Defendant to file an application for adjudication on expropriation of the above obstacles and business losses with the Regional Land Expropriation Committee on April 15, 2013, and the Defendant filed an application for adjudication on expropriation with the competent Land Expropriation Committee on April 15, 20

4. On August 28, 2013, the Busan Metropolitan City Regional Land Expropriation Committee dismissed the application for expropriation on the grounds that each obstacle of this case and the plaintiffs' business losses are not subject to compensation for losses.

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