농업 및 영업의 손실보상 부작위위법확인
1. The plaintiffs' lawsuits that were changed in exchange in this court are dismissed.
2. The plaintiffs' total costs of litigation.
Basic Facts
Attached Form
Each real estate listed in paragraphs 1 through 9 of the list of real estate (hereinafter “each of the instant real estate”) was incorporated into a site for C Construction Project (hereinafter “instant Project”) which the Defendant is a project implementer.
The obstacles, such as trees on each of the instant lands and on the ground thereof, were admitted to the Defendant on March 24, 2014 through the adjudication of expropriation by the Central Land Expropriation Committee on February 20, 2014.
Plaintiff
B is the owner of each real estate listed in the separate sheet Nos. 1 and 6, and the Plaintiff A completed the registration of creation of superficies with the purpose of 1/2 shares of each real estate listed in the separate sheet Nos. 1 through 9 on March 6, 2008 as “the ownership of trees or solid buildings”, “within March 1, 2029” and “9.5 million won per annum.”
On March 1, 2009, the Plaintiffs registered business with the head of Echeon Tax Office as “D”, “land specified in attached Table 9”, and “do retail, such as fruits,” and reported the closure of business on January 1, 2016.
On January 28, 2013, the Defendant notified the owner and interested parties of the land included in the instant project zone, and notified them of a plan for compensation, inspection, announcement, and objection. On August 26, 2013, the Defendant notified the consultation period from August 27, 2013 to September 30, 2013.
On November 6, 2013, the Plaintiffs submitted to the Defendant a document of “application for compensation” stating the following contents. Accordingly, the Defendant’s business compensation demanded by the Plaintiffs on November 12, 2013 shall be subject to the Enforcement Rule of the Land Compensation Act (hereinafter referred to as the “Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects”).
The answer was made that business loss compensation is not subject to because it does not fall under business with human and material facilities at a legitimate place under Article 45.
The business owner: The plaintiffs' application for compensation - The plaintiffs are approximately 11 parcels above ground, such as E.