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(영문) 대구고등법원 2015.08.21 2015누4205
손실보상금 증액 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

2...

Reasons

1. Details of ruling;

(a) Business authorization and public notice - F Highway Private Investment Project (hereinafter “instant project”) - G project operator publicly notified by the Ministry of Land, Transport and Maritime Affairs on April 4, 2012 - Yongcheon Highway Corporation

B. The Central Land Tribunal’s ruling of expropriation on August 22, 2013 (hereinafter “adjudication of expropriation”): - The land subject to expropriation compensation - the obstacles owned by the Plaintiff (hereinafter “instant obstacles”) and the Plaintiff’s livestock industry (hereinafter “the livestock industry of this case”) listed in the attached Table (1) located on the land located on the land located in Gyeong-Gun M, X, W, and N (hereinafter “instant land”) in the Gyeongbuk-gun (hereinafter “instant land”) (hereinafter “instant land”), and the Plaintiff’s livestock industry (hereinafter “instant livestock industry”), and the “instant breeding house” - the date of expropriation as indicated in the attached Table (1): The same amount as the amount indicated in the “adjudication of expropriation” - the date of expropriation: An appraisal corporation on September 23, 2013: a new appraisal corporation and a central appraisal corporation (hereinafter “adjudication of expropriation”): a new appraisal corporation

C. The Central Land Tribunal’s ruling on February 20, 2014 (hereinafter “adjudication”): The Plaintiff’s claim for increase in compensation for the obstacles in this case and compensation for the closure of the livestock industry in this case is dismissed, and the Plaintiff’s claim for compensation for the obstacles alleged to have been omitted at the time of the adjudication of expropriation also is dismissed. However, the Plaintiff’s claim for compensation for the obstacles alleged to have been omitted at the time of the adjudication of expropriation is also dismissed. The Plaintiff’s claim for compensation consultation after confirming the omission in the future - An appraisal corporation: a dialogue appraisal corporation, a stock appraisal corporation, a company with the appraisal appraisal corporation, a company with the appraisal appraisal corporation (hereinafter “appraisal on objection”) without any dispute, and the Plaintiff’s ground for recognition. The purport of the entire pleadings is as follows:

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1 is that the instant breeding house should be transferred due to the instant project, but it is impossible or considerably difficult to transfer the livestock breeding house to the military, military, or neighboring Si/Gun. As such, all of the requirements for compensation for the closure of the instant livestock industry are satisfied.

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