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(영문) 수원지방법원 2014.05.28 2012구합11066
영업손실보상금
Text

1. The Defendant: (a) KRW 5,596,902,822 to the Plaintiff; and (b) 5% per annum from August 17, 2012 to May 28, 2014 to the Plaintiff.

Reasons

1. Details, etc. of ruling;

A. The Plaintiff’s status, etc. - The Plaintiff is a company established on January 28, 2003 by joint ventureing between a genetic company and a Japan, and the company established on January 28, 2003. From March 2004 to March 1, 2004, the ground factory 648 square meters (hereinafter “instant factory”) was leased from a genetic company to operate the manufacturing business of the de facto sludge, which is a motor vehicle engine part.

(b) Project approval and public notice - Project name: Urban development project (hereinafter referred to as the “project in this case”) - Public notice: Defendant

C. The Central Land Expropriation Committee’s ruling on expropriation on June 22, 2012 (hereinafter “instant expropriation ruling”) - Subject to relocation: Machines in the instant factory, which are attached to the instant factory.

1. To make a description of obstacles (except for serial numbers 1);

(hereinafter referred to as the “factory Facilities” - Business Compensation Amount: 9,193,00,000 won in a lump sum: The Plaintiff installed main equipment and processing 3,4 in the instant factory after the public notice of the instant project approval, and around April 2012, the Plaintiff demanded compensation for the expenses for the installation of the said equipment and transformation facilities added at the Defendant’s request. However, the Central Land Expropriation Committee did not accept the Plaintiff’s assertion on the ground that all facilities installed at will after hearing the Defendant’s opinion and the public notice of the instant project approval are not subject to compensation.

- Commencement Date of expropriation: An appraisal corporation on August 16, 2012 - An appraisal corporation: An appraisal corporation on the date of the expropriation, and an appraisal corporation on the date of the adjudication (hereinafter referred to as “appraisal”) and the Japanese appraisal corporation on the date of the appraisal shall be the amount of business loss compensation for the plaintiff.

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