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1. The Defendant’s KRW 4,937,982,582 as well as the Plaintiff’s KRW 5% per annum from June 15, 2015 to April 11, 2017.
Reasons
1. Basic facts
A. The Defendant is the project implementer of the Bogeumjari Housing District Development Project (hereinafter “instant project”) implemented pursuant to Article 2010-243 of the Ministry of Land, Transport and Maritime Affairs’ Notice No. 2009-1139 and April 27, 2010 of the Ministry of Land, Transport and Maritime Affairs’ Notice No. 2009-1139, Apr. 27, 2010, and the Plaintiff is the owner of each land listed in the separate sheet (hereinafter “each land of this case”).
B. 1) The Plaintiff and the Defendant were operating a factory in each of the instant land and conducting fertilizer manufacturing business, etc. However, when each of the instant land was designated and publicly announced as the instant business district, the Plaintiff and the Defendant consulted on the purchase of land. 2) The Defendant had the Korea Comprehensive Engineering Co., Ltd. investigate the degree of soil contamination of each of the instant land generated during the process of purchasing the Plaintiff’s factory by consultation.
The Korean Comprehensive Engineering Co., Ltd. submitted to the Defendant an opinion that the cost of disposal equivalent to 10,513,000,000 won (including value-added tax) will be required for the purification of soil contamination (hereinafter “the cost of expected disposal of this case”).
3 In calculating the amount of compensation for each of the instant land, the appraisal corporation, the corporation for purchase, the corporation for the future, the Korea Appraisal Corporation, and the Korea Appraisal Board selected a method of deducting the expected treatment costs of this case from the appraised value of the land.
The defendant notified 78,117,609,800 won, which is the arithmetic mean of each appraised amount, as the amount of compensation for each of the land in this case.
C. On February 16, 2012, the Plaintiff’s purification work for each of the instant land, which was ordered by the Busan City Mayor to purify each of the instant land pursuant to Article 15(3) of the Soil Environment Conservation Act, had the Epicco Co., Ltd., a purification business entity, who was ordered to purify each of the instant land from March 2013 to October 2013.