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(영문) 대구지방법원 2020.09.23 2019구합20527
손실보상금 청구의 소
Text

1. The defendant shall pay to the plaintiff 6,962,744 won and 12% per annum from July 8, 2020 to the day of complete payment.

Reasons

1. Details of ruling;

(a) Project approval and announcement 1): Urban Development Project name C (hereinafter “instant project”).

(2) A project operator: Defendant 3 project area: 143,664 square meters per Dong-si, Gu-si.

B. Objects to be expropriated on December 15, 2017 by the Gyeongbuk-do Regional Land Expropriation Committee (hereinafter “Adjudication of Expropriation”): obstacles described in the attached Table 1, such as housing owned by the Plaintiff and livestock pens on the land of 1,696 square meters in the Gu, Gu, Si, si, and Gu (hereinafter “instant obstacles”).

(2) The commencement date of expropriation: Compensation for losses on February 3, 2018: 160,99,000 in total: F. and G.

C. Objects to be expropriated by the Central Land Tribunal on December 20, 2018 (hereinafter “instant adjudication”): The instant obstacles and the livestock industry (hereinafter “instant business”).

2) Compensation for losses: 167,926,50 won in total (i.e., compensation for the obstacles of this case 160,99,000 won for business suspension of the business of this case 6,926,600 won): H Co., Ltd. and I

D. As a result of the court’s entrustment of appraisal to the J appraiser’s office of this Court, the J appraiser’s office responded that the appraisal is not possible on September 6, 2019, since the obstacles in this case and the subject of the instant business compensation are unknown (pre-transfer and removal).

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 1 (including branch numbers; hereinafter the same shall apply), the result of commissioning documents to the Gyeongbuk-do Land Tribunal and the Central Land Tribunal of this Court, the result of this Court's entrustment of appraisal to the J appraiser's office of this Court, the purport of the whole pleadings

2. The plaintiff's assertion

A. In light of the fact that storage, fence, gate, etc. were evaluated as separate items in a written compensation protocol for other compensatory persons related to the instant project, the expropriation ruling and objection ruling are not made in light of the fact that there is no such indication on the obstacles owned by the Plaintiff.

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