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(영문) 수원지방법원 2015.04.22 2013구합14727
손실보상금
Text

1. The Defendant’s KRW 13,287,90 for the Plaintiff and KRW 5% per annum from March 14, 2013 to December 9, 2014.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Housing site development project: Housing site development project (B planning zone development project and housing site development project; hereinafter referred to as "project in this case"): Public notice: D announced by the Ministry of Land, Transport and Maritime Affairs on May 30, 2008 and announced by the Ministry of Land, Transport and Maritime Affairs on January 3, 2012;

(b) The Central Land Tribunal’s ruling of expropriation on January 18, 2013 - Subject to expropriation: F fishing place operated by the Plaintiff located in Pyeongtaek-si E (hereinafter “instant business place”) for the business compensation (hereinafter “instant business compensation”) and above-ground business facilities (hereinafter “instant business facilities”): March 13, 2013: - Compensation for losses on March 13, 2013: 14,100,000 won for the instant business compensation and 169,964,170 won for the relocation of the instant business facilities - An appraisal corporation: An appraisal corporation at which the Plaintiff was a stock company, a third appraisal corporation;

(c) The Central Land Expropriation Committee’s ruling on September 26, 2013 - The results of adjudication: - The Land Appraisal Corporation, the Pacific Appraisal Corporation, and the Il-il Appraisal Corporation;

D. The result of the commission of the appraiser G to the appraiser G for the instant business compensation and the instant business facility (hereinafter “court appraiser G”) - Compensation: 23,957,00 won for the instant business compensation; 173,395,160 won for the relocation of the instant business facility; 173,395,160 won for the instant business facility; 23,000 won for the appraisal of the appraiser G; 3,00 won for the overall purport of the pleadings; 3,00 won for the instant business facility; 1, 2, and 1 through 3 (including each number for the instant business facility); 3,00 won for the appraisal of appraiser G;

2. The assertion and judgment

A. The compensation determined by the Plaintiff’s assertion acceptance ruling falls short of reasonable compensation for losses. As such, the Defendant shall pay to the Plaintiff the difference between the amount of compensation determined by the court’s appraisal and acceptance ruling, 13,287,90 won, and damages for delay.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c)a court expert witness for the recognition and a ruling of objections;

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