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(영문) 수원지방법원 2017.09.26 2017구합63413
토지수용에대한보상금증액청구의 소
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) Project approval and public notice - Project approval and public notice - Project approval and public notice of the Suwon City Urban Planning Facility Project (B; hereinafter referred to as “instant project”) - C public notice of Suwon City on September 10, 2015 - Project operator: Defendant

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on July 25, 2016 - The object of expropriation: The plaintiff's transfer center and the business of installation of air-conditioners, which the plaintiff operates in the name of E on the D ground of Suwon-si, Suwon-si (hereinafter "instant business"): 18,200,000 won - The date of commencement of expropriation: September 8, 2016.

Details of adjudication by the Central Land Tribunal on February 23, 2017 - Contents of adjudication: 19,680,000 won in the amount of compensation for loss of the instant business 【Grounds for Recognition - Facts without any dispute, Gap’s 3, 5, and Eul’s 2 and 3 (including additional numbers), the purport of the whole pleadings and arguments.

2. The assertion and judgment

A. The amount of compensation for losses incurred by the Plaintiff’s alleged business of this case is too small to not properly reflect the Plaintiff’s business profits, and thus, the amount of compensation for losses incurred by the instant business should be increased.

B. The Plaintiff bears the burden of proving that there is more reasonable amount of compensation than the amount of compensation stipulated in the judgment on the objection in the lawsuit claiming for increase in compensation for loss.

(1) In the case of this case, there is no evidence to acknowledge that the pertinent amount of compensation for losses exceeds the amount of compensation for losses as stipulated in the adjudication on objection. Thus, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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