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(영문) 의정부지방법원 2018.11.15 2017구합12464
수용보상금증액청구
Text

1. The Defendant’s KRW 100,000 and the Plaintiff’s annual interest thereon from January 4, 2017 to November 15, 2018.

Reasons

Approval and Public Notice of the Process of Adjudication - Urban Development Project (B; hereinafter “instant project”): Public Notice of the Ministry of Land, Transport and Maritime Affairs on May 18, 2012 - Project implementer C: Defendant Central Land Expropriation Committee’s adjudication on expropriation on November 10, 2016 (hereinafter “instant adjudication on expropriation”) - The appraisal results are as follows: obstacles in the attached list located in Seoyang-gu Seoyang-gu, Seoyang-gu (hereinafter “instant land”): Compensation for losses (hereinafter “instant obstacles”): 12,850,00 won - Date of expropriation: January 3, 2017 - Compensation for business compensation: The Plaintiff sought for business compensation for transportation-related service business with the instant land as its workplace (hereinafter “Plaintiff’s business”). However, the Central Land Expropriation Committee did not accept the Plaintiff’s business losses even if the Plaintiff’s business operation losses were not transferred due to the characteristics of the Plaintiff’s business place, other than the external specialty leased.

The Central Land Tribunal’s ruling on June 22, 2017 - Request for the increase in compensation for losses for the instant obstacles: Dismissal of the claim for compensation for business: The Central Land Tribunal rejected the Plaintiff’s claim for compensation for business on the ground that the Plaintiff’s business is not entitled to business compensation on the ground that the Plaintiff’s business is not a legitimate place, as it installed containers and construction materials without obtaining an appropriate permission within a development-restricted zone under Article 56 of the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “former National Land Planning Act”).

The result of the appraisal by this Court (hereinafter “court appraisal”) - Compensation for the instant obstacles: 12,950,000 won (based on recognition), the facts that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1 and 2 (including serial numbers), the result of the appraiser E’s appraisal;

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