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(영문) 인천지방법원 2018.02.22 2017구합53877

영업손실보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a cooperative established for the purpose of implementing B-Housing Redevelopment Improvement Project (hereinafter “instant project”), the business area of which is 219,139,8 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, which is the business district, and obtained authorization for the implementation of the instant project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu on June 4, 2010, and the head of Bupyeong-gu Incheon Metropolitan City announced it as the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu public notificationD on the same day

B. After December 2015, the Defendant obtained authorization for the implementation of the instant project from the head of Bupyeong-gu, Incheon Metropolitan City, and the head of Bupyeong-gu, Incheon Metropolitan City publicly notified it as Bupyeong-gu, Incheon Metropolitan City public notification E on December 14, 2015.

C. On December 1, 2011, the Plaintiff registered as a business operator on the Incheon Bupyeong-gu, Incheon, and the first floor, within the instant project implementation zone, and engaged in construction business, such as shower and bathing room room. On January 3, 2017, the Plaintiff filed a claim against the Defendant for a ruling of expropriation on compensation for business losses and compensation for obstacles, and the Defendant filed an application for a ruling of expropriation with the Regional Land Tribunal of Incheon Metropolitan City around March 13, 2017.

On July 14, 2017, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation (hereinafter “instant expropriation ruling”) to the Plaintiff on July 14, 2017, “The Plaintiff did not engage in the business at the time of the first project implementation authorization date ( June 4, 2010) which is the base date for business compensation, not compensation for business losses, and compensation for the transfer of obstacles shall be KRW 7,80,000, and the starting date of expropriation shall be September 7, 2017.”

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 77(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that business losses shall be compensated.