영업손실금및시설이주비용기타청구
All of the plaintiffs' lawsuits of this case are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. The following facts can be acknowledged in full view of the following facts: Gap evidence Nos. 6, 7, Eul evidence Nos. 2 and 6-1, 2, 3, and Eul evidence Nos. 5 and the court's fact inquiry results against the Incheon Metropolitan City and local Land Tribunal.
Plaintiff
On August 31, 2007, Do and Retail Chain Co., Ltd. (hereinafter referred to as “D”) leased 40 office rooms among the 6th floor of the building in Nam-gu Incheon, Nam-gu, Incheon, and leased the above leased area to 27 square meters on November 1, 201, and on June 3, 2009, the insurance company F Co., Ltd. (hereinafter referred to as “F”) that is represented by Plaintiff A wife B leased 25 square meters of office rooms among the 6th floor of the above building.
B. On March 12, 2018, the Defendant obtained authorization of a project implementation plan on March 12, 2018 as a housing redevelopment and rearrangement project association with the said E-building area as a project implementation district, and held consultation on business compensation, etc. after obtaining authorization of a management and disposal plan on May 7, 2019
In the investigation of the living conditions prepared by the defendant, D and F are divided from the 6th floor of E building to the wall, and it is written that the space is separated is jointly used.
C. As the Defendant did not reach an agreement on the loss of business facilities with Plaintiff A, on August 14, 2019, applied for a ruling of expropriation to the Incheon Metropolitan City Regional Land Tribunal. On December 4, 2019, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on the commencement date of expropriation on January 28, 2020, set the business compensation for Plaintiff A as KRW 2,296,667 equivalent to the transfer cost of D.
Plaintiff
A was served on December 13, 2019 a written ruling of the Incheon Metropolitan City Regional Land Tribunal, and the lawsuit of this case was filed on April 14, 2020.
2. Whether the lawsuit of this case is lawful
A. The plaintiffs alleged as the actual operator or representative of F, who actually operated F in the sixth floor of E building, and D is merely a document company.