손실보상금 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasoning for the judgment of the court of first instance cited in this case is as follows, except for the Plaintiff’s repeated assertion as to this case, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. The plaintiff asserts that the plaintiff has a duty to pay reasonable compensation for business losses of the plaintiff, since he did not waive his right to claim compensation for business losses from the removal of the building of this case.
A person who intends to construct a building with respect to the land for which an execution plan of an urban planning facility project has been publicly announced is already aware that there is a removal of a building constructed when an urban planning project is implemented in the future. Thus, it is possible to decide whether to construct a building by balancing economic feasibility and other gain and loss in accordance with the temporary use and restitution of the building. If a building is constructed with knowledge of such fact, if he/she was to bear the burden of restoration, it is excessive to order the restoration of the building without compensation in the implementation of an urban planning project, or it
Therefore, in the event that an urban planning project is implemented instead of temporarily using a temporary building until an urban planning project is implemented, the owner of the land shall not only have the obligation to remove the temporary building at his/her own expense, but also cannot claim compensation for the loss caused by the removal of the temporary building, and the compensation for the loss which cannot be claimed shall include not only the loss caused by the removal of the temporary building itself but also the business loss caused by the removal of the temporary building, and as long as the owner of the temporary building cannot claim the compensation for the loss, his/her capacity