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(영문) 수원지방법원 2018.01.25 2017구합68234

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) The name of the project and the name of the public announcement of the project: Public announcement of the urban planning facility project (eight routes, such as light-ro 3-5 lines, three vacant public land, etc. in subparagraph 151; hereinafter referred to as "instant public project"): The project operator of the Suwon-si public announcement on March 8, 2012; the Korea Land and Housing Corporation;

B. The Plaintiff’s application for adjudication on the compensation of losses on March 9, 2017 by the Central Land Expropriation Committee (hereinafter “instant adjudication on compensation of losses”): The Plaintiff asserted that the Plaintiff incurred operating losses due to the implementation of the instant public works while running a food service business (hereinafter “instant business”) in the name of “C” outside the area of the instant public works, and filed an application for adjudication on compensation of losses pursuant to Article 77 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) and Article 64 of the former Enforcement Rule of the Land Compensation Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 197, Apr. 28, 2015; hereinafter the same shall apply): Since the Plaintiff completed the registration of the business of the instant public works on March 14, 2012, the public project approval date of the instant public works project approval date, the Plaintiff cannot be deemed to fall under each subparagraph of Article 64(1)5 of the former Enforcement Rule of the Land Compensation Act.

C. The purport of the entire pleadings and arguments by the Central Land Expropriation Committee’s ruling on July 20, 2017 (hereinafter “the instant ruling”) is as follows: (a) the Plaintiff’s objection is dismissed on the same ground as the instant ruling on the compensation for losses; (b) there is no dispute; (c) the entries in Gap’s evidence Nos. 1 through 4, 10, and 11 (including the number of branch numbers; hereinafter the same shall apply); and (d)

2. On April 6, 2003, the Plaintiff’s assertion is registered as to food service business in the name of Suwon-si, Suwon-si, the name “C” in the name of his spouse D.