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(영문) 수원지방법원 2015.11.25 2013구합605
손실보상금증액등
Text

1. Of the instant lawsuit, the part claiming the business loss compensation amount of Plaintiff A shall be dismissed.

2. The defendant shall make the plaintiff A 10,463.

Reasons

1. Details of ruling;

(a) Project approval and publication - Project name: Bogeumjari Housing Project (C): The defendant; D-Project operator announced by the Ministry of Land, Transport and Maritime Affairs on December 3, 2009;

(b) The Central Land Expropriation Committee’s ruling on expropriation on November 16, 2012 - The objects of expropriation and compensation for losses: It shall be as specified in the corresponding column of the appraisal results sheet.

- The date of commencement of expropriation: - An appraisal corporation on December 17, 2012 - An appraisal corporation and an appraisal corporation on September 1, 2012 (hereinafter the above appraisal corporations shall be referred to as "adjudication appraiser", and the results of the appraisal shall be referred to as "adjudication appraisal").

(c) The Central Land Tribunal’s ruling on April 19, 2013 - Details of the ruling: The rejection of the filing of an objection;

D. Results of entrustment of appraisal to appraiser E (hereinafter above appraiser shall be referred to as "court appraiser," and the results of appraisal shall be referred to as "court appraisal"): The contents of appraisal shall be as shown in the corresponding column of the attached appraisal report.

【Ground of recognition” without any dispute, Gap evidence 1-1, 2, 4, 3-1, 2, 4-4, Eul evidence 1, 2-1, 2-2, and 2-1, and 2-2, the result of the appraisal commission to appraiser E, the purport of the whole pleadings

2. We examine the legitimacy of the part of the lawsuit of this case concerning the Plaintiff A’s claim for business compensation amounting to KRW 10,000,000 among the lawsuit of this case, ex officio determination as to the legitimacy of the part concerning Plaintiff A’s claim for business compensation.

In full view of the following factors: (a) Article 77(1) and (4) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; (b) Articles 45, 46, and 47 of the Enforcement Rule of the Land Compensation Act; and (c) Articles 26, 28, 30, 34, 50, 61, and 83 through 85 of the Land Compensation Act; and (d) Articles 77(1) and legislative purport of the Land Compensation Act, a person who closes or suspends his/her business due to public works and receives compensation for operating losses from a project operator pursuant to Article 77(1) of the Land Compensation Act, is dissatisfied with a ruling after going through adjudication procedures stipulated in Articles 34 and 50 of the Land Compensation Act.

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