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(영문) 수원지방법원 2017.02.15 2016구합65665
기타(일반행정)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Adjudication and the progress of related litigation;

(a) 1) project approval and announcement - project name: Housing site development (B) (hereinafter referred to as “instant project”);

- Project operator (Public Notice C2) of the Ministry of Construction and Transportation on January 18, 2007: Defendant 3)’s expropriation ruling by the Central Land Tribunal on May 14, 2010 (hereinafter “instant expropriation ruling”).

(A) The date of expropriation and compensation: (a) the total of 23 obstacles, such as household appliances, machinery launchers, pulvers, and plastic machinery materials, etc., owned by the Plaintiff located D (hereinafter “instant land”): 160,306,250B: July 4, 2010; (b) the date of commencement of expropriation: the Central Land Expropriation Committee’s objection on August 27, 2010 (hereinafter “instant objection”) filed by the Central Land Expropriation Committee (hereinafter “instant objection”) with respect to E’s business compensation claim on August 27, 2010.

B. 1) The Plaintiff is dissatisfied with the instant objection ruling and sought an increase in the compensation for obstacles, etc. by 2010Guhap13822, the instant court (hereinafter “previous lawsuit”).

(2) Under the premise that the Plaintiff’s business loss compensation is possible, the court appraiser in the previous lawsuit assessed the amount of business loss compensation in KRW 177,630,00, and KRW 962,50, and KRW 178,592,50 in total, and KRW 178,592,500 in the previous lawsuit. (2) The Plaintiff’s “excluding the Plaintiff’s business loss compensation in the instant expropriation ruling or objection ruling” is unfair, and the court’s appraisal is also unreasonable by calculating the amount of business loss compensation in excess of the actual truck or manpower necessary before the workplace, and thus, the Defendant is liable to pay the Plaintiff the difference between the amount of expenses incurred before the actual workplace and the amount of loss compensation as stipulated in the instant expropriation ruling.” Since the Plaintiff’s business loss compensation is subject to the Plaintiff’s business loss compensation, the instant adjudication and its objection, excluding the business facilities, are unfair and unfair.

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