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(영문) 부산지방법원 2015.07.09 2015구합364
손실보상금증액등
Text

1. The Defendant’s KRW 23,605,220 as well as 5% per annum from September 12, 2014 to May 20, 2015 to the Plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public notice - Project name: B housing redevelopment and rearrangement project - Project implementer: Defendant - Public notice of project implementation authorization: C public notice of Geum-gu Busan Metropolitan City on August 8, 2012, and D public notice of Geum-gu Busan Metropolitan City on April 2, 2014;

B. The adjudication of expropriation by the local Land Expropriation Committee on July 14, 2014 (hereinafter “the adjudication of expropriation”) and the adjudication of objection by the Central Land Expropriation Committee on January 22, 2015 (hereinafter “the adjudication of this case”) and as a result of entrustment of appraisal by the court of this case - The expropriation object: Busan Sim-gu Embro 9m2 and its ground buildings (including the branch land) (hereinafter “each real estate of this case”) on September 11, 2014 - The expropriation commencement date of each real estate of this case on September 11, 2014 19,09,809,802,746, 212,050, 2250, 300, 200, 300, 300, 400, 200, 400, 200, 50, 200, 400, 200, 2940, 200

2. The assertion and judgment

A. The Plaintiff’s assertion in the instant expropriation ruling and its objection ruling did not properly reflect the market price and operating losses of each real estate of this case. The reasonable value of each real estate of this case and the Plaintiff’s operating losses are KRW 360,521,700, which are confirmed as a result of the court’s entrustment of appraisal. Thus, the Defendant is obliged to pay to the Plaintiff the amount of KRW 23,605,220, which is the difference between the above appraisal value and the compensation for losses recognized as a result of the instant adjudication (=360,521,700 - KRW 336,916,480), and damages for delay from the date following the date of commencement of expropriation.

B. One lawsuit concerning increase or decrease in land expropriation compensation.

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