beta
(영문) 수원지방법원 2020.07.23 2019구합67006

손실보상금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details, etc. of ruling;

A. On August 2002, the Plaintiff’s business, etc., completed business registration with the trade name of “B” for leather processing, etc., and had been engaged in leather processing and sales business on the ground floor among the first floor and underground floor buildings located in Sungnam-si, Sungnam-si, the Plaintiff owned (hereinafter “instant building”).

On the other hand, the use on the building ledger of the floor of the instant building is a warehouse, and its floor area is 100.46 square meters.

B. The recognition and public notice of the project of the daily unit of the instant building site - The D Housing Redevelopment Improvement Project (hereinafter “instant project”) - The E public notice of the Gyeonggi-do on December 4, 2009 - The Defendant

C. The Central Land Tribunal’s ruling of expropriation on September 6, 2018 - Details of adjudication: Compensation for only 18,190,000 won for relocation expenses for business facilities within the branch of the instant building; and the Plaintiff’s assertion of business loss compensation cannot be accepted.

(d) The Central Land Tribunal rendered an objection on April 25, 2019 - The fact that there is no dispute over the Plaintiff’s rejection of the objection (based on recognition), each entry in the evidence A1 through 6, and the purport of the entire pleadings;

2. The assertion and judgment

A. Since the Plaintiff’s alleged business is a service business that simply processes goods supplied by a third party, it is unnecessary to take procedures to change the purpose of use under the Building Act and subordinate statutes in doing the above business.

Therefore, since the Plaintiff falls under the case of continuing the above business at a legitimate place prior to the date of public announcement of project implementation authorization, the Defendant shall pay the Plaintiff the business compensation amount in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and the Enforcement Rule

B. It is as stated in the attached Form of the relevant statutes.

(c) Article 77(1) of the Land Compensation Act, which applies mutatis mutandis under Article 65(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, shall cease or suspend business.