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(영문) 인천지방법원 2016.02.18 2015구합52825
손실보상금
Text

1. The Defendants: KRW 31,177,070 for each Plaintiff and KRW 5% per annum from September 11, 2015 to February 18, 2016.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Kimpo-si General Industrial Complex development project (Korean New Complex 6th) - Public notice: The Defendants: the Defendants, on April 8, 2013 of the Gyeonggi-do Public Notice No. 2013-258, Sept. 10, 2013, Gyeonggi-do Public Notice No. 2013-156, Jun. 5, 2014, Gyeonggi-do Public Notice No. 2014-205, Jul. 17, 2014; No. 2015-5063, Apr. 21, 2015;

B. The ruling of expropriation by the local Land Tribunal of Gyeonggi-do on July 27, 2015 - The objects to be expropriated by the plaintiff shall be as follows:

- Compensation for losses for plaintiffs: Total sum of KRW 2,629,816,560 - Commencement Date of expropriation: September 10, 2015 (based on recognition)

2. The assertion and judgment

A. The Plaintiff’s assertion 1) In the instant adjudication on expropriation, due to errors in the selection of a standard for comparison of the land subject to expropriation and in comparison with individual factors, the compensation for obstacles and business losses was not duly made, and thus, the Defendant paid KRW 31,177,070, which is the difference between the compensation reasonably calculated according to the court’s appraisal and the compensation for losses as stipulated in the instant adjudication on expropriation. (2) The Plaintiff decreased sales from June 2015 to September 2015, which is the preparatory period for the transfer of business due to the instant expropriation. As such, the Defendant should pay the Plaintiff compensation for losses KRW 132,99,951, which is the average net profit rate (5%) calculated by multiplying the difference between the average sales for the year 2015 excluding the foregoing four months and the average sales for the said four-month period by the average net profit rate (5%).

B. Determination 1) Each statement and appraiser A (hereinafter “court appraiser”) of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 8

The result of the appraisal commission (the result of the said appraisal is referred to as the “court appraisal result”

In full view of the purport of the entire pleadings, the appraisal corporation, the first appraisal corporation, and the court appraiser at the time of the adjudication of acceptance of the case.

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