logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.21 2014구합54197
보상금증액 청구
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) Business approval and public notice - Housing site development business (B housing site development business; B; hereinafter referred to as “instant project”): A public notice given by the Ministry of Land, Transport and Maritime Affairs on February 6, 2009 - Project operator C: Defendant;

B. The Central Land Tribunal’s ruling of expropriation on March 20, 2014 (hereinafter “instant ruling of expropriation”): - All the buildings and obstacles on the ground of the Seo-gu Incheon Metropolitan City D (hereinafter “instant building”) (hereinafter “instant building”) - Compensation for losses: 60,146,980 won: the date of commencement of expropriation: 660,14 May 13, 2014 - The Land Appraisal Corporation and the Central Land Appraisal Corporation in the Resolution Committee (hereinafter “each appraisal appraisal corporation”) shall be referred to as “each appraisal appraiser,” and the results of the appraisal shall be referred to as “each appraisal”; hereinafter the same shall apply) - The purport of the entire pleadings is to be entered into without any dispute, and the purport of each appraisal as a whole, written evidence Nos. 1, 2, 1, and 2 (including the number of pages; hereinafter the same shall apply).

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff is the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant land”).

(2) The Defendant should compensate the Plaintiff for operating losses incurred by the instant project, since the lessee of an unauthorized building, etc. subject to compensation for operating losses, etc. includes the lessee of the land. (2) The transfer cost and the compensation for the floor of the place of business, calculated by each judgment, are deemed to have been remarkably low.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination is based on the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”).

Article 77 (1) shall apply to business losses incurred by the closure or suspension of business, taking into account business profits, transfer expenses for facilities, etc.

arrow