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(영문) 울산지방법원 2019.07.25 2018구합6885

손실보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) project approval and public notice - B project approval and public notice (hereinafter “instant project”): public notice C of Ulsan Metropolitan City on March 12, 2009 - Project execution site D members of Dong-gu, Ulsan Metropolitan City: Ulsan Metropolitan City - Project operator: Ulsan Metropolitan City Mayor - grounds for project approval: Article 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. In accordance with the provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works as applied mutatis mutandis pursuant to Article 96 of the National Land Planning and Utilization Act (hereinafter “Land Compensation Act”), the Central Land Tribunal rendered a ruling of expropriation on June 14, 2018 as follows.

- Subject to compensation: Business compensation for the Plaintiff’s used fish boxes, which have a place of business located in the area of 2208 square meters prior to Ulsan-gu E, Ulsan-gu, and for the compensation for losses: 63,743,600 won [27,608,00 won for business compensation (business suspension) and compensation for obstacles] - Commencement date of expropriation: August 8, 2018.

As a result of the appraisal of this court - KRW 88,228,00 for operating income for operating compensation - KRW 46,771,60 for sales losses of obstacles (in the case of 10,000 for new fish boxes, KRW 36,771,60 for other obstacles than new fish boxes), or KRW 51,771,600 for 14,000 for new fish boxes (in the case of 14,000 for 14,000 for 14,000 for 1,00,000 for 2,000 for used fish boxes and other obstacles other than those of 1,00,000 for 1,00,771,600 for 2,000 for yeast fish boxes) / [Grounds for recognition] without dispute, Gap's statement of appraiser F for each appraisal of this case, the purport of the entire request for oral proceedings as a whole

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the business of the secondhand wounded noble person operated by the plaintiff is limited to the business place within 1 km from G border. The business cannot be transferred to another place within the Si/Gun/Gu where the plaintiff's business place is located due to the unique characteristics of the hinterland (the area where the customer is located) or within the neighboring Si/Gun/Gu.