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1. The Defendant shall pay to the Plaintiff KRW 32,670,600 and the interest rate of KRW 15% per annum from January 4, 2018 to the date of complete payment.
Reasons
1. Details of ruling;
A. The Minister of Land, Infrastructure and Transport approved the implementation plan for the “B project” (hereinafter “instant implementation plan”) which is a private investment project pursuant to Article 15 of the Act on Public-Private Partnerships in Infrastructure, and announced the implementation plan on August 7, 2015.
(Public Notice of Ministry of Land, Infrastructure and Transport C).
Before the announcement of the instant implementation plan, the Plaintiff owned each obstacles indicated in the separate sheet (hereinafter “each obstacles of this case”) on the D’s ground (hereinafter “E”) in the region where the instant implementation plan was located in the area prearranged for the said private investment project. Among them, each temporary building (as indicated in No. 12, No. 20 to No. 25, No. 12) indicated in the separate sheet (as indicated in No. 20 to No. 23, No. 5) was used as the unit, restaurant, and room of the instant fishing place.
C. The Seoul Regional Land Management Agency, under the jurisdiction of the Central Land Expropriation Committee, applied for a ruling on obstacles owned by the Plaintiff on the G ground of Pakistan for the implementation of the said private investment project.
In the procedure of the adjudication of expropriation, H and I Co., Ltd., an appraisal business entity entrusted with the appraisal by the Central Land Tribunal, excluded each temporary building listed in the table Nos. 20 through 22, 24, and 25 of the obstacles of this case from the evaluation on the ground that “the temporary building was excluded from the object of compensation.”
(However, the Fdong of a temporary building listed in the table No. 23 was included in the list No. 12 and the list No. 12. hereinafter referred to as “each temporary building of this case”). Accordingly, the Central Land Tribunal, on November 9, 2017, only the obstacles other than the temporary building of this case among the obstacles of this case, included the compensation for losses.