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(영문) 부산고등법원 2014.11.12 2014누20896
토지수용보상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought the payment of business loss compensation, land compensation, and obstacle compensation. The first instance court accepted only the claim for land compensation and obstacle compensation (part of delayed damage), and dismissed the claim for business loss compensation.

In this regard, the plaintiff appealed against the portion of the business loss compensation, so this Court's judgment is limited to the claim for business loss compensation.

2. Basic facts

A. Project approval and announcement 1) C Development Project (hereinafter “instant public project”)

(2) Project approval: D 3 Project operator announced on August 3, 201, Busan Metropolitan City: Defendant

B. Circumstances 1) The Plaintiff’s each real estate listed in the separate sheet No. 1 (hereinafter “each land of this case” or “factory of this case”).

(2) The Defendant requested the Plaintiff to hold a consultation on the compensation for each of the instant land and the instant plant (including the land section and trees) on the ground that the compensation offered by the Defendant differs from the transaction amount and omitted any part of the subject matter of compensation, as the Plaintiff did not comply with the agreement, on the ground that the compensation presented by the Defendant was different from the transaction amount and omitted, as the Plaintiff did not comply with the agreement.

3) Accordingly, the Defendant applied for adjudication of expropriation to the Central Land Expropriation Committee on June 27, 2012, and the Central Land Expropriation Committee dismissed the claim for the amount of business compensation for the factory of this case on November 16, 2012, and made an adjudication of expropriation (hereinafter “instant adjudication of expropriation”) with the following contents.

The target of expropriation was the Plaintiff and the instant land owned by the Plaintiff and the instant factory and facilities owned by the Plaintiff (including trees).

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