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(영문) 광주지방법원 2015.04.09 2014구합1017
손실보상금증액
Text

1. Of the instant lawsuits, the part regarding the claim for compensation against obstacles to Gwangju Dong-gu B and C shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

(a) Project approval and announcement 1) Project name: Urban planning facility project [D Road Opening Works] (hereinafter referred to as the “instant project”).

2) Project implementer: Defendant 3’s announcement: E publicly announced on July 1, 2012 by Gwangju Metropolitan City, Dong-gu.

B. The date of adjudication of expropriation by the Gwangju Metropolitan City Regional Land Expropriation Committee (1) on expropriation: The date of expropriation is 26,842,500 won (i) calculated based on the arithmetic mean of the respective appraisal results of two appraisal business entities: 26,842,50 won (i.e., compensation for losses for the instant obstacle at KRW 11,65,500), which is 15,65,000 for compensation for losses for the instant obstacle at KRW 15,177,00): The Plaintiff’s application for compensation for director’s expenses on June 5, 2013, which is owned by the Plaintiff.

C. On May 22, 2014, the date of adjudication by the Central Land Expropriation Committee (1) on an objection: The details of adjudication by the Central Land Expropriation Committee: (a) accepted the compensation for losses for the omitted obstacles; and (b) based on the arithmetic mean of the respective appraisal results of two appraisal business entities (i) accepted the compensation for losses for the damages for the land of this case, KRW 28,060,450 (i) the compensation for losses for all the obstacles and omissions in the instant land of KRW 12,041,70, and KRW 16,018,750, including all the omitted items; and (b) the Plaintiff’s application for compensation for directors’ expenses will not be accepted.

D. The Defendant’s deposit of the Defendant’s compensation for losses rejected by the Plaintiff, and on June 4, 2013, deposited the deposited amount of KRW 26,842,50 as the Plaintiff, and on June 19, 2013, deposited the deposited amount of KRW 1,217,950 in total of the increased compensation for losses in the instant objection ruling.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 7 (including each number, hereinafter the following) and the purport of the whole pleadings.

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