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(영문) 수원지방법원 2020.06.18 2019구합68771

영업손실보상

Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Public Housing Project (hereinafter referred to as the “instant project”) - E published by the Ministry of Land, Transport and Maritime Affairs on October 5, 2011 - A project operator: Defendant

B. Adjudication of expropriation by the Central Land Expropriation Committee - Date of adjudication of expropriation: June 13, 2019: The contents of adjudication: The Plaintiffs cannot be deemed to have continuously engaged in the business of cultivating and selling flowers in the vinyl houses installed within the instant business area, and thus, do not constitute the subject of business compensation.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that since they leased plastic houses installed in the instant business area prior to the date of the public announcement of the project approval, they continued to cultivate and sell flowerss installed in the instant business area, they constitute subject to business loss compensation.

Therefore, the defendant should pay the plaintiffs a business suspension compensation amounting to the business suspension period of three months.

B. On March 13, 2008, the Plaintiffs completed the business registration of 30,000 square meters as follows before the date of public announcement of the project approval as follows: (a) Do and retail on April 16, 2007; (b) Do and retail on the business registration date of the Plaintiff’s business establishment; (c) Do and retail on March 13, 2008; (d) Do and retail on the land of 1,000,000,000,000,000,000 KRW 2,000,000,000,000 KRW 2,000,000,000 and KRW 2,000,000,000,000 and KRW 30,000,000,000,000 for each of the above leased land; and (e) the Plaintiffs completed the business registration of 30,000 square meters on the land of 20,036,07,064,07.

3 The defendant around October 2016.