영업손실보상금 반환청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
The Defendant leased a building located in Guang-si and operated a restaurant in the name of “D Farmwon” and “E Party E”). The Plaintiff is a project implementer who implements a project for opening a road outside the G district (H and G and I) at Guang-si Friwon (hereinafter “instant project”).
On July 24, 2017, the king Mayor publicly announced that five routes, such as the main line from K to L, 1,329m in length, from K to 30-40m in width, are to be established from July 24, 2017 to December 31, 2018.
In order to expand roads from April 2, 2018 to August 31, 2018 after consultation with the police station of the king, the project commencement project of the instant case, and the supervision division, the Si of the king decided to wholly control the traffic of the sections from the land scheduled for G M to N (hereinafter “instant sections”) among the instant sections of the project.
On March 26, 2018, the Plaintiff and the Korea Appraisal Board requested that the procedures for compensation, such as appraisal, be conducted for the business compensation of the Defendant from April 2, 2018 to August 31, 2018. The Plaintiff, upon receiving an appraisal report from the third appraisal corporation, entered into a contract with the Defendant for consultation on compensation for losses (hereinafter “instant agreement”) on April 20, 2018. The main contents are as follows.
Project operator: The date of consultation on April 20, 2018: The land owner and related person included in the project of this case implemented by the Plaintiff and the land owner incorporated into the project of this case shall be subject to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the “Land Compensation Act”).
In holding a consultation on compensation with respect to "land, etc." under Article 2 (1) 1 and "land, etc." (hereinafter referred to as "land, etc."), "land owners and persons concerned" are not dissatisfied with the terms and conditions of this Agreement, and accept the execution of the Corporation.
Article 2 (Compensation for Loss) (1) Business.