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(영문) 인천지방법원 2017.06.23 2015구합53194
보상금 증액 청구의 소
Text

1. The Defendants jointly share KRW 160,847,602 to Plaintiff A, KRW 140,263,715 to Plaintiff B, and KRW 216,236,704 to Plaintiff C, respectively.

Reasons

1. Details of ruling;

A. The Defendants are project implementers who jointly implement the industrial complex plan for the general industrial complex development project (D general industrial complex (V general industrial complex) and D general industrial complex development project (hereinafter “instant project”).

The Gyeonggi-do Governor publicly announced the industrial complex plan to Gyeonggi-do E ( April 8, 2013), F ( September 10, 2013), G ( June 5, 2014), and H ( July 17, 2014).

B. On August 31, 2015, the Gyeonggi-do Regional Land Tribunal rendered an expropriation ruling (hereinafter “instant expropriation ruling” and “the result of appraisal”) on each land owned by the Plaintiffs and its ground obstacles (in the case of the Plaintiff Company, only the obstacles are owned by the Plaintiff Company; hereinafter “each of the above land” is referred to as “each of the instant obstacles,” and each of the above obstacles is referred to as “each of the instant obstacles”) as follows. The commencement date of expropriation was set on October 15, 2015, respectively.

(1) The plaintiff A subject to expropriation: 1,649 square meters of land for I, 1,649 square meters of land in Kimpo-si, Kimpo-si, the above plaintiff's ownership and compensation for losses for land obstacles: 1,061,131,50 won obstacles, and the plaintiffs' business losses are alleged to the purport that the decision of expropriation in this case contains an error of not calculating business losses in violation of Article 77 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 45 (1) 1 of the Enforcement Rule of the same Act. However, the decision of expropriation in this case is obvious in the record that the business losses compensation amount was calculated (see, e.g., subparagraph 1 or 5 of the evidence

The total amount of compensation for losses: 357,909,850 won: 1,419,041,350 won for compensation for losses: 1,648 square meters of land for J in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and compensation for losses for land obstacles thereto: 1,061,067,150 won for losses: 324,809,200 won for losses for losses: 1,385,876,350 won (3).

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