손실보상금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Circumstances, etc. of adjudication;
(a) Business Recognition and Public Notice - B (hereinafter “instant project”) - Public Notice C on October 5, 201
B. The Central Land Expropriation Committee’s ruling on May 9, 2019 - With respect to the claim for business compensation in the name of D, D’s place of business is the place where E continues to engage in the business and is ex officio closed in 2014, and D’s new business registration in 2017 but it has not been confirmed that E succeeded to the business.
C. The ruling of the Central Land Expropriation Committee on December 19, 2019 - The fact that there is no dispute over the rejection of the Plaintiff’s objection (based on recognition), the evidence No. 2-1 and No. 2-2, and the purport of the entire pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion D (the Plaintiff’s mother) around July 3, 2007, prior to the date of the public notice of recognition of the instant project, registered a business operator under the name of Overcheon-siF (hereinafter “instant business establishment”) with the name of “G” as “G” and continued to operate the flower sales business following the death of E on October 20, 2014. Since D (the Plaintiff’s mother) had operated the instant business establishment along with D before D around January 22, 2019, the Defendant is obligated to compensate the Plaintiff who succeeded to D for business losses.
In addition, the Plaintiff’s consent to voluntary removal of the workplace of this case around February 2019 prior to the adjudication of expropriation of this case is based on intimidation and coercion, and the Plaintiff’s consent to removal is based on the premise that he/she is selected as a person eligible for business compensation and cannot be seen as voluntary suspension of business. Thus, the Plaintiff’s consent to voluntary removal or voluntary suspension of business should no longer be deemed to continue business operation due to the implementation of the instant project.
Meanwhile, the Defendant’s instant case.