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(영문) 인천지방법원 2017.04.06 2016구합52068
보상금
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) Project approval and announcement - Project approval and announcement - Land development project approval: The defendant, who is published by the Ministry of Land, Transport and Maritime Affairs No. 2009-51 on February 6, 2009

(b) Adjudication of expropriation by the Central Land Tribunal on April 23, 2015 - With respect to the expropriation: The obstacles and goodwill owned by the plaintiff in Seo-dong, Seo-gu, Incheon, Seo-dong 498 - The date of commencement of expropriation: - Compensation for losses on June 16, 2015 - the appraisal corporation: the Korea Appraisal Board and the Korea Appraisal Corporation;

(c) The Central Land Tribunal’s ruling on an objection made on March 24, 2016 - Compensation for losses: 102,734,00 won - An appraisal corporation: the identity of an appraisal corporation, a stock corporation, a Pacific appraisal corporation (based on recognition), the fact that there is no dispute, Gap’s subparagraphs 1, 2, and Eul’s subparagraphs 1 through 3 (including branch numbers in case of additional numbers; hereinafter the same shall apply), and the purport of the whole pleadings;

2. The assertion and judgment

A. There are no 28 obstacles in the plaintiff's assertion, acceptance ruling and compensation for losses decided in this ruling, and no reasonable compensation for losses shall be made, as the business losses due to the value and suspension of 2.8 tons of the Hostast are not fully reflected.

Therefore, the defendant is liable to pay the plaintiff the difference between the reasonable compensation for losses and the result of appraisal of the objection and the delay damages.

B. In full view of the following circumstances, it is difficult to deem that there was any error in the calculation of the Defendant’s compensation for losses, and there is no evidence to deem the amount otherwise claimed by the Plaintiff as a legitimate amount of compensation (court appraisal). The Plaintiff’s assertion is without merit.

(1) When a defendant makes a ruling of expropriation and an objection, he/she shall land for public works after deliberation by the Central Land Expropriation Committee.

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