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(영문) 창원지방법원 2014.01.28 2013구합1162
손실보상금증액 등
Text

1. The Defendant’s KRW 6,435,710 with respect to the Plaintiff and KRW 5% per annum from February 9, 2013 to January 28, 2014.

Reasons

1. Details of ruling;

(a) project approval and public notice - B - Project operator C public notice of Changwonon June 13, 201, D public notice of Changwon on September 20, 201, and E public notice of Changwon on June 4, 2012 - Defendant:

B. The adjudication of expropriation made on December 18, 2012 by the City/Do Land Expropriation Committee (hereinafter “instant obstacles”): 101,690,020 won - Compensation for losses - An appraisal corporation: a country appraisal corporation, an appraisal corporation of a stock company, an appraisal corporation of a stock company - An appraisal corporation of a stock company - An application for compensation for expenses incurred in the Plaintiff’s reclamation, operating losses, and relocation of business facilities is not accepted.

The Central Land Tribunal’s ruling on September 26, 2013 - Compensation for losses: 109,569,150 won: An appraisal corporation: a dialogue appraisal corporation, a stock company, a Pacific appraisal corporation - Plaintiff’s reclamation expenses, a business loss, and an application for compensation for resettlement funds, shall not be accepted. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 4-1 through 3, Eul evidence 4-4, and Eul evidence 8, the purport of the whole pleadings, and the purport of the whole pleadings

2. Assertion and determination

A. For the following reasons, the Defendant is obligated to pay the Plaintiff the same amount of compensation as that stated in the purport of the claim.

1) The result of the commission of appraisal to the appraisal corporation which is the appraiser of the instant court (hereinafter the above appraiser is referred to as “court appraiser”) and the result of the commission of appraisal is referred to as “court appraisal”.

According to the above, since the pertinent obstacles amounted to 116,04,860 won, the Defendant is obliged to pay the Plaintiff the 6,435,710 won ( = 116,04,860 won - 109,569,150 won - 109,569,150 won) which is the difference between the above amount and the 109,569,150 won as stated in the judgment of objection. In addition, the Defendant omitted the Plaintiff’s standing signboards and stairs from each of the obstacles subject to compensation without any ground. 2) On August 18, 2003, the Plaintiff obtained permission for occupation and use of 571 square meters (hereinafter “instant land”).

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