손실보상금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is that the Plaintiff constructed a temporary building of light framed structure (hereinafter “instant building”) with a total floor area of 27.83 square meters on the ground level 1st floor in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant site”), which is owned by B, and operated the automobile maintenance business with the trade name “D” from the instant building. The Defendant performed the E Expansion Work 1-Class 2 Section (hereinafter “instant project”) on the instant site, and the Defendant did not compensate the Plaintiff for the instant building, the Plaintiff’s business, transfer, etc. on that ground.
However, since all of the Plaintiff’s provisional building, etc. is subject to compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), the Defendant is obligated to pay the Plaintiff reasonable compensation for the instant provisional building, the Plaintiff’s business, and the transfer.
2. Facts of recognition;
A. On March 12, 2005, the Plaintiff, who constructed and used the instant building, leased the instant site from B as one million won for the lease deposit, 250,000 won for monthly rent, and 60 months for the lease period. The lease agreement states that “The lessee shall, in principle, remove without compensation for the facilities when the building is removed.”
On April 18, 2005, the Plaintiff: (a) obtained a building permit for the instant building from the head of Ulsan Metropolitan City, Ulsan Metropolitan City on March 18, 2008; and (b) obtained approval for use on March 18, 2008; and (c) extended the retention period of the instant building several times pursuant to Article 20 of the Building Act and Article 13 of the Enforcement Rule of the Building Act; (b) on March 27, 2013, the head of Ulsan Metropolitan City, Ulsan Metropolitan City, the head of the relevant Si/Gun accepted a report on extension of retention period of the instant building (the extended retention period as of April 18, 2016); and (c) when an urban planning facility project is implemented in the remarks column, the relevant temporary building shall be voluntarily removed at the owner’s expense by three months prior to the scheduled date of its implementation; and