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(영문) 수원지방법원 2016.06.24 2013구합20708
손실보상금증액청구
Text

1. The Defendant’s KRW 3,622,914,350 for the Plaintiff and KRW 5% per annum from January 15, 2014 to June 24, 2016.

Reasons

1. Details of ruling;

(a) The project approval and public notification 1) the housing site development project in the Blue Blue B District (hereinafter referred to as the “instant project”);

2) Project operator No. 2008-308 of the Ministry of Land, Transport and Maritime Affairs: Defendant

B. According to the construction of a new city in the instant project district, the Ministry of Construction and Transportation and Gyeonggi-do established a comprehensive plan on November 30, 2007, in order to minimize the obstacles that may arise from the business activities of 514 factories, logistics enterprises, research institutes, etc. located in the instant project district. The Ministry of Construction and Transportation and Gyeonggi-do, as part of the said comprehensive plan of the company, have formulated a comprehensive plan on November 30, 2007. The Minister of Construction and Transportation and Gyeonggi-do were selected as a part of the said comprehensive plan on the company’s existence within the scope of not impeding the development of a new city within the instant project district. (2) The Plaintiff was classified into the Defendant into the instant project site from 506-1 and approximately 4,103 square meters of land outside 17 square meters (hereinafter “instant land”). The Plaintiff supplied the instant application to the Defendant for the management of an interest plant that produces various industrial gas, such as the primary and high-quality greenhouse gas in the instant project site.

3) However, on December 20, 2010, the Plaintiff applied for the relocation of the factory to the Defendant on December 20, 2010, by disclosing that the location of the factory of this case is anticipated to cause a considerable civil petition after the completion of the project, and that it works for the construction of a pleasant city. (c) The Central Land Tribunal’s ruling of expropriation on November 21, 2013: (i) the date of commencement of expropriation (ii) each of the obstacles on the instant land: January 14, 2014; (iii) each of the obstacles on the instant land was expropriated on November 21, 2013 by the Central Land Tribunal’s ruling of expropriation on November 14, 2014.

4. The aggregate of compensation for obstacles and business compensation: 25,890,109,350 won shall be based on the results of each appraisal by the Korea Appraisal Board and Sam Chang Chang Appraisal Board.

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