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(영문) 서울고등법원 2020.07.15 2018누73081
손실보상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff 1,513,781,210 won and KRW 11,706,279.

Reasons

1. Circumstances and results of appraisal of the ruling;

(a) Business authorization and public notice - Business name: Urban development project (B; hereinafter referred to as “instant project”): C-Project operator announced by the Ministry of Land, Transport and Maritime Affairs on May 18, 2012; Defendant

B. The Central Land Tribunal’s adjudication on expropriation on July 13, 2017 (hereinafter “instant adjudication on expropriation”): Business losses arising from the transfer of a factory for the production of crops located in Gyeyang-gu Seoul Metropolitan City G (hereinafter “instant factory”): The date of commencement of expropriation: September 5, 2017 - Appraisal Corporation D and the Dispute Resolution Bank Co., Ltd. - Compensation: The notice in the column for “adjudication on expropriation” in the table below.

(A) The amount of compensation for expropriation shall be calculated by averaging the appraisal values of each of the above appraisal corporations.The detailed amount of compensation for operating losses shall be the average value of the appraisal corporations.The amount of compensation for operating losses shall be 3,229,230,228,228,110,00 won for the business facilities of 537 (hereinafter referred to as the "business facilities of this case") of operating income (the period of business suspension shall be 4 months), 2,065,923, 95, 215, 215, 2,239, 251, 239, 594, 594, 2,100, 229,230,230,228,670 won, 670,000 won for operating income (the period of business suspension shall be less than 5,295, 153, 95, 379, 379, 790 won

C. The result of the court’s appraisal (i.e., the court appraisal of the first instance court; ii) (ii) the appraisal of the appraiser F in the case of preservation of evidence by the District Court 2116Do3218; iii) - the appraisal of the first instance court - the court appraisal of the first instance court - the court appraisal of the first instance court : as shown below, the “court appraisal of the first instance court” as follows.

- Results of the court appraisal of the trial court: as stated below in the column of “court appraisal of the trial court” as follows:

(The court appraisal conducted only the period of temporary closure for the transfer of the factory of this case, and the detailed business losses for the transfer of the business facilities of this case based on the results of the court appraisal of the court of first instance.) The court appraisal of the court of first instance in the court of first instance in the court of first instance in the court of first instance in the court of first instance in the business profits of 2,98, 372, 437, 416,00 won within the period of temporary closure for 6 months and 7 months.

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