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(영문) 수원지방법원 2015.08.20 2014구합4741
손실보상금 증액
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Bogeumjari Housing District Development Project (B; hereinafter referred to as the “instant project”): Public notice: D announced by the Ministry of Land, Transport and Maritime Affairs on October 27, 2009, public notice of the Ministry of Construction and Transportation on January 9, 208

B. The Central Land Tribunal’s ruling of expropriation on October 24, 2013 (hereinafter “instant ruling of expropriation”) - The land-to-land checks, etc. (hereinafter “instant obstacles”) - Compensation for losses: 21,291,400 won - the date of commencement of expropriation: November 25, 2013.

The Central Land Tribunal's ruling on May 22, 2014 (hereinafter referred to as "the instant ruling") - Compensation for losses: 23,477,90 won - The Central Land Tribunal's Central Land Tribunal's ruling on the objection: the central appraisal corporation and the uniform appraisal corporation in charge of the dispute resolution (hereinafter referred to as "each appraisal corporation"; hereinafter referred to as "each appraisal corporation"; hereinafter referred to as "each appraisal corporation") / The appraisal result is without dispute, Gap's evidence 7, 8, Eul's evidence 1 through 5 (including the number of each appraisal corporation; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff had been engaged in livestock farming business by leasing the instant land and the building on its ground. As such, the Defendant is obligated to pay KRW 72,00,000 to the Plaintiff’s business losses incurred due to the instant project. 2) Since the compensation for losses for the instant obstacles was underassessment, it should be increased.

(b) Entry in the attached statutes of the relevant statutes;

C. 1) Determination of whether a business loss compensation is subject to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Article 77(1) of the former Enforcement Rule of the Land Compensation Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 197, Apr. 28, 2015) and Article 45 of the former Enforcement Rule of the Land Compensation Act are legitimate prior to the date of project approval

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