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(영문) 부산지방법원 2015.11.06 2014구합4062
손실보상금증액 등
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 name: B (hereinafter “instant project”): Defendant - Project implementer: Public notice of project implementation authorization: C, public notice of the Ministry of Land, Transport and Maritime Affairs on July 6, 201, and public notice D on September 28, 2012

(b) The Central Land Expropriation Committee’s ruling on expropriation on November 20, 2014 (hereinafter “instant ruling on expropriation”): The expropriation of land E (hereinafter “instant land”) in Geumcheon-gu, Busan (hereinafter “instant expropriation”): 800,000 won - the date of commencement of expropriation: The fact that there is no dispute on January 13, 2015 [based on recognition]; entries in Gap evidence 4; and the purport of the entire pleadings

2. The assertion and judgment

A. The plaintiff alleged that he had cultivated at least 362,00 the punishment on the land of this case, and the plaintiff sought 72,400,000 won (=362,000 won x 200 won) as legitimate compensation for losses and delayed payment.

B. The Plaintiff bears the burden of proving that the reasonable amount of compensation exceeds the amount of compensation determined in the judgment in the lawsuit claiming for increase in compensation for loss.

(2) In light of the following circumstances, the appraisal of the above land was conducted five times in the process of consultation, acquisition and expropriation ruling for the project of this case. The appraisal of the above land did not exceed KRW 800,000 as compensation for losses in the instant expropriation ruling. (2) It is deemed that it is reasonable in light of the following circumstances: (a) the appraisal of the above land did not exceed KRW 800,000 as compensation for losses in the instant expropriation ruling; (b) the crops that were born from the old and new road were considerably difficult to transfer; and (c) the amount equivalent to the investment cost was not significant since the commercial nature was recognized as the appraised value.

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