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(영문) 창원지방법원 2018.02.06 2015구합23142
수용재결취소
Text

1. The Defendant’s KRW 12,39,30 for the Plaintiff and KRW 5% per annum from August 18, 2017 to February 6, 2018.

Reasons

1. Details, etc. of ruling;

(a) Business approval and public notice - Business name: B urban development project (hereinafter referred to as “project in this case”): A public notice of around December 1, 2005; D (public notice of business approval) on March 22, 2007; E public notice of Kimhae-si on March 19, 2009; F public notice of March 15, 2012; H-project operator’s public notice of September 20, 2012; H-project operator’s public notice of March 20, 2014: Defendant-project substitution method:

(b) Adjudication on expropriation (hereinafter referred to as “adjudication on expropriation”) - Objects subject to expropriation: Kimhae-si, GJ ground obstacles (hereinafter referred to as “in this case obstacles, such as business facilities, trees, etc. located on the land subject to substitution, and see attached Table 1), - The date of adjudication on expropriation: October 28, 2014 - The date of commencement of expropriation: December 19, 2014 - Compensation for losses for the obstacles in this case: 483,36,200 won:

C. This ruling - The plaintiff claimed an increase in the amount of compensation, business compensation, farming compensation, etc., but all dismissals.

(d) Court appraisal - The appraised value of the instant obstacles - The appraised value of the goods for which the Plaintiff has requested an additional appraisal: KRW 56,716,00 (see Attached Table 2), 56,716,00 for the goods for which the Plaintiff has requested an additional appraisal (see Attached Table 2), and 1, 2, and 1 through 4, and the respective entry of Gap’s evidence 1, 2, and 1 through 4, as a result of a request for appraisal by the appraiser K of this Court

2. Attached Form 4 of the relevant Acts and subordinate statutes shall be as follows;

3. The assertion and judgment

A. A. A summary of the Plaintiff’s assertion 1) As a result of the instant project’s implementation, Kimhae-si I, J, and L (hereinafter “instant land”) owned by the Plaintiff, where the instant obstacles are located.

(2) As the value of the instant obstacles, including the instant obstacles and offices owned by the Plaintiff, houses, etc., has fallen due to the change of specific-use area (see attached Form 3), etc., payment of KRW 483,336,200, and KRW 3,557,257,416, the amount of compensation already determined and KRW 3,557,416, will be sought. (2) The Plaintiff’s loss of rental profit incurred due to the expropriation of the obstacles, including the instant obstacles, including offices owned by the Plaintiff, houses, etc., was 142,20,00

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