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(영문) 수원지방법원 2016.01.19 2014구합5133
손실보상금 증액
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Circumstances and results of appraisal of the ruling;

A. On May 1, 2004, the Plaintiff leased a building located in Pyeongtaek-si B (hereinafter “instant factory”) and operated food manufacturing and processing business under the trade name “C” at the instant factory from around that time.

(b) Business approval and public notice - Housing site development projects (D District-4 Zone-1): Defendant on May 30, 2008; E publicly notified by the Ministry of Land, Transport and Maritime Affairs on May 30, 2008; G-project operator announced on November 29, 2010; and on January 3, 2012;

C. The Central Land Tribunal’s adjudication on expropriation on January 18, 2013 (hereinafter “instant adjudication”): - The respective obstacles owned by the Plaintiff (hereinafter “each obstacles of this case”) installed inside the factory of this case and the Plaintiff’s business losses - Compensation amounting to KRW 81,70,000 in total (=the total compensation amount of KRW 21,30,000 business losses compensation amounting to KRW 60,400,000 business losses) - The date of expropriation: An appraisal corporation on March 13, 2013: a new appraisal corporation, a new appraisal corporation, a Korea Appraisal Board (hereinafter “appraisal”) (hereinafter “adjudication,” and the result of appraisal is referred to as “appraisal”).

D. The Central Land Tribunal’s ruling on June 19, 2014 - Contents of the ruling: rejected all the Plaintiff’s assertion that “Inasmuch as the Plaintiff’s own expenses were omitted from the appraisal of the judgment on electric power distribution facilities, electronic control devices, and factory floor-types installed inside the factory of this case, the omission shall be included in the subject of compensation for losses, and the compensation for losses determined by the expropriation ruling shall be increased by less than the amount of compensation for losses.”

E. The court’s entrustment of appraisal to appraiser H (hereinafter “court’s appraisal”) - Compensation for losses: Total amount of KRW 82,49,740 (i.e., KRW 61,199,740 of the cost of transferring obstacles (i.e., KRW 21,30,000 of the amount of compensation for operating losses of KRW 61,19,740 of the cost of transferring obstacles) / There is no dispute. Each entry of Gap evidence 1, Eul evidence 1, and Eul evidence 1 through 5 (including the serial number), the result of the court’s partial entrustment of appraisal to appraiser H, which

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