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(영문) 인천지방법원 2018.07.05 2017구합1173

손실보상금

Text

1. The part of the claim for business loss compensation of the marina game business among the lawsuit in this case shall be dismissed;

2. The plaintiff's remainder.

Reasons

1. Basic facts

(a) Business authorization and public announcement - Business name: B residential environment improvement project (hereinafter referred to as “instant project”) - Business authorization authorization: July 22, 2016 - Business operator: Defendant

B. Adjudication on expropriation by the local Land Tribunal of Incheon Metropolitan City on September 26, 2017 - The date of commencement of expropriation: November 16, 2017 - The object of expropriation and compensation: The Plaintiff’s relocation of the facilities of “E” operated by the Plaintiff from the 3rd floor C of Bupyeong-gu Incheon Metropolitan City (based on recognition) KRW 3,050,000 (based on recognition), Gap’s evidence Nos. 1 through 4, Eul’s entry, and the purport of the entire pleadings

2. The assertion and judgment

A. The plaintiff's assertion has run the travel business with the trade name "E" (hereinafter "the travel business in this case") and the marina game business with the trade name "F" (hereinafter "the horse game business in this case") prior to the date of the public announcement of the public announcement of the public announcement of the business in this case. Since the execution of the business in this case is unable to run the travel business in this case and the marina game business in this case, the defendant is obligated to pay the plaintiff the total of KRW 18 million, including the operating income equivalent to four months of the suspension of the travel business in this case and the marina game business in this case and the expenses incidental to the relocation of the place of business in this case.

(b) Article 77 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for relevant Acts and subordinate statutes. (1) Any business loss incurred by the discontinuation or suspension of business shall be compensated in consideration of the business profits, transfer expenses for facilities, etc.;

(4) Matters concerning the detailed methods of calculation and evaluation of compensation amounts under paragraphs (1) through (3) and criteria for compensation, and standards for recognition of actual farmers under paragraph (2) shall be prescribed by Ordinance of the Ministry of

Business that shall compensate for business losses pursuant to Article 77 (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (business subject to compensation for business losses) shall fall under all of the following subparagraphs: