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1. The Defendant’s KRW 500,000 and the Plaintiff’s annual interest thereon from January 6, 2018 to January 30, 2018.
Reasons
1. Basic facts
A. The Defendant is a public housing project developer B (the approval of the housing site development plan was publicly announced as C by the Ministry of Construction and Transportation on January 18, 2007, and is converted into D through Ministry of Land, Infrastructure and Transport’s announcement on November 18, 2015; hereinafter “instant project”).
B. On June 28, 2005, the Plaintiff, a land within the instant project implementation zone, acquired 2,265 square meters of land E’s gas station site, and installed a gas station building and facilities (hereinafter “instant gas station”) on the ground, and operated a gas station business with the trade name “F stations.”
C. After the Defendant’s expropriation of the above land, obstacles, etc. owned by the Plaintiff, the Defendant deposited KRW 3,339,870,860 as compensation for losses for the land, obstacles, and goodwill owned by the Plaintiff as depositee from July 31, 2014 to November 30, 2015.
(The compensation for losses for goodwill is KRW 142,493,160). D.
The Plaintiff and the Defendant did not reach an agreement on the business loss compensation for the period of suspension of the gas station in this case, and the Defendant applied for the adjudication of expropriation to the Central Land Expropriation Committee. On December 8, 2016, the Central Land Expropriation Committee had the Plaintiff move facilities for the operation of the gas station in this case, and the business loss compensation amounting to 43 million won (evaluation by taking into account the expenses incurred during the period of suspension of business operation for the period of suspension of three months), and the date of commencement of expropriation determined on January 31, 2017.
(hereinafter “instant expropriation ruling”)
E. On January 23, 2017, the Defendant deposited KRW 43 million for the adjudication of expropriation due to the instant adjudication of expropriation under the No. 195 of the Suwon District Court’s Ansan Branch in 2017 with the Plaintiff as the principal deposit.
[Ground of recognition] A without dispute; Gap evidence Nos. 1, 2; Eul evidence Nos. 1 and 2; Eul's appraisal result by appraiser G (hereinafter "court appraisal"); the purport of the whole pleadings
2. The plaintiff.