logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.03.31 2016구합23883
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. Approval and Public Notice of Business - Construction Work B (hereinafter referred to as “instant project”); Public Notice of the area related to the said project (hereinafter referred to as “instant project zone”): The Defendant: Busan Metropolitan City Public Notice D, July 22, 2015, and Public Notice E as of November 11, 2015:

(b) The Central Land Tribunal’s ruling of expropriation on August 25, 2016 - Subject to expropriation: Land (F, G, and each of the above lands collectively referred to as “instant land”) located on the ground of the Plaintiff’s business facilities and business losses on the ground in the instant project zone - Compensation for losses: KRW 95,970,000 [2] [3,870,000 for business losses (one month for relocation of facilities) and KRW 92,10,000 for relocation of facilities] - Commencement date of expropriation: October 18, 2016.

The result of this Court’s entrustment to appraiser H of appraisal (hereinafter “court appraisal”) - Contents of appraisal: The following table shall be indicated:

Where a business is continued at the present place of business for a month in which the total amount of the decrease in operating expenses for the relocation of the facility (cost) or operating income (cost), the total amount of the decrease (cost) at the present place of business, the fact that there is no dispute over April 14,784,784,000 112,000,000 2,956,800 129,740,800 129,740,800 / [based on recognition] at the time of the relocation of the place of business, each entry of Gap evidence 1, Eul evidence 1, Eul evidence 1 through 9, and 11 (including the number of each number; hereinafter the same shall apply), the result of the appraisal entrusted to appraiser H by this court, the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s “I” business operated by the Plaintiff on the instant land due to the instant project (hereinafter “instant business”).

(3) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is amended, since the access road was cut off as required.

Pursuant to Article 64 (1) of the Enforcement Rule, the business of this case shall be compensated by deeming that the business of this case is incorporated in the business area of this case, and in such cases, Article 47 of the Enforcement Rule of the Land Compensation Act premised on the relocation of the business place.

arrow