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(영문) 광주지방법원 2021.01.14 2019구합13879
보상금 증액 청구의 소
Text

1. The Defendant’s KRW 84,171,430 as well as 5% per annum from November 5, 2018 to January 14, 2021 to the Plaintiff.

Reasons

1. Details, etc. of ruling;

(a) Business recognition and public notice - Business name: Business name: A redevelopment and improvement project for housing redevelopment in B (hereinafter referred to as “instant improvement project”): Public notice - C public notice given by Gwangju Metropolitan City on May 31, 2016 - Business implementer: Defendant

B. Adjudication on the expropriation on September 20, 2018 of the Gwangju Metropolitan City Local Land Expropriation Committee - The object of expropriation: Gwangju-dong D (hereinafter “instant land”) and the 5-story building on the ground of the first floor above the instant land (hereinafter “instant building”): Compensation for business losses - The sales agent for motor vehicles and the incidental business (hereinafter “the instant business”) on the trade name “E” from the 4th floor of the instant building: Compensation for losses on November 4, 2018: - Compensation for losses on November 376, 731,200, and compensation for business losses: 50,06,67 won on the instant land.

(c) Gwangju Metropolitan City Local Land Expropriation Committee on October 31, 2018 - 33,129,000 won - Commencement date of expropriation of the building in this case: November 30, 2018.

The Central Land Expropriation Committee's ruling on July 25, 2019 - The filing of an objection with respect to the land, buildings, and business compensation in this case shall be dismissed, respectively.

(e) Results of the appraisal by the court appraiser - Compensation for losses: 439,650,00 won for the land in this case; 21,252,630 won for business losses [based] without any dispute; entry of Gap evidence Nos. 1 through 4, and 6 (including branch numbers; hereinafter the same shall apply); the result of the commission of appraisal by the appraiser F of this court; the purport of the whole pleadings;

2. The Plaintiff’s assertion also sought a business compensation for the first floor of the instant building in addition to the instant business compensation. However, on October 14, 2020, the Plaintiff appears to have withdrawn the Plaintiff’s claim for business compensation for the first floor of the instant building by changing the purport of the claim and the cause of the claim according to the appraisal of the instant business on October 14, 2020.

Therefore, the defendant's prior defenses on the claim for compensation for the business related to the first floor of this case cannot be separately determined.

The land of this case, the building of this case, and the business of this case.

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