영업손실보상금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. An adjudication process or the fact that there has been no dispute;
(a) Business authorization and public notice - C Business (hereinafter “instant Business”) - The Public Notice of Gyeonggi-do on August 26, 2016 D, Gyeonggi-do on September 29, 2017, and the Public Notice of Gyeonggi-do on December 7, 2018
B. The ruling of expropriation on June 10, 2019 by the Gyeonggi-do Regional Land Tribunal on expropriation - The Plaintiff’s property owned (hereinafter “instant property”): ① 1,977 square meters, ② 202 square meters, 96 square meters, 149.4 square meters, 350 square meters, 350 square meters, 1,210 square meters, and 1,210 square meters: July 10, 2019; < Amended by Presidential Decree No. 20214, Feb. 10, 201; Presidential Decree No. 22135, Feb. 10, 201; Presidential Decree No. 22212, Feb. 22, 2011>
2. Determination
A. The main point of the Plaintiff’s assertion was that the instant company moved to Pyeongtaek-si Ma to another place of business, and the company suffered considerable loss in rent for ten years due to the lease of the said place.
B. Article 77(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act”) provides that “The business losses incurred by the closure or suspension of business shall be compensated by considering the business profits, the transfer cost of facilities, etc.” and Article 77(4) of the same Act provides that “The specific method of calculating and assessing the amount of compensation under the provisions of paragraph (1) and the criteria for compensation shall be prescribed by Ordinance of the Ministry of Land,
Article 45 (1) of the Enforcement Rule of the above Act provides that "any business that continues to be operated with human and physical facilities at a legitimate place prior to the date of the public announcement of the project" shall be Article 77 (1).