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(영문) 부산지방법원 2018.09.06 2017구합22030
손실보상금
Text

1. The Defendant’s KRW 48,484,140 as well as the Plaintiff’s annual rate of KRW 5% from June 29, 2018 to September 6, 2018, and the following.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Project name: - Project operator: Defendant - Authorization and public notice: Seo-gu Busan Metropolitan City public notice of April 13, 2016, Seo-gu Busan Metropolitan City on October 12, 2016;

B. Adjudication on expropriation made on December 12, 2016 by the Busan Metropolitan City Regional Land Expropriation Committee on the date of expropriation - On February 3, 2017: The date of expropriation: 1,378,046,870 won (i.e., the instant obstacles of KRW 596,796,150 business losses of KRW 30,60,320) for business losses of KRW 30,66,150 for business losses of KRW 30,64,646,320) in Seo-gu, Busan Metropolitan City

C. Determination by the Central Land Tribunal on May 25, 2017 - Compensation for losses: 1,492,635,390 won (i.e., the obstacles of this case at KRW 822,838,540 on the instant land at KRW 633,278,020 on the business losses at KRW 36,518,830 on the instant land): Appraisal: I and J Co.

D. The appraisal results of the court's entrustment to the appraiser K of this Court for appraisal (hereinafter "appraisal K" and "court appraisal results"): The appraisal results: 1,504,60,700 won (i.e., the land of this case, KRW 86,84,760) (i.e., the obstacles of this case, KRW 636,84,760) (i.e., the ground for recognition)] without any dispute; (ii) each entry of Gap evidence Nos. 1-3, Eul evidence Nos. 1-1 to 16 (including the numbers; hereinafter the same shall apply); (iii) the appraisal results of this court's entrustment to K of appraisal; and (iv) the purport of the entire pleadings as a whole.

2. The Plaintiff’s appraiser at the court claiming the instant land, obstacles, and business losses, such as assessing the amount of compensation, without taking into account the transaction cases concerning the area adjacent to the instant land 30.9 square meters and M 59.5 square meters in Seo-gu, Busan, which is an area adjacent to the instant land, and assessing the amount of compensation for losses, are excessively low in terms of the amount of compensation for losses and the result

Therefore, the defendant shall pay to the plaintiff 50 million won and damages for delay, which are part of the difference between the land and obstacles in this case, the reasonable compensation for business losses and the compensation acknowledged in this ruling.

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