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(영문) 서울행정법원 2018.02.08 2017구단20678

영업손실보상금 증액

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

(a) Project name (1) Project name: The location of the Class B housing redevelopment rearrangement project (2): Seodaemun-gu Seoul Metropolitan Government Project implementer C (3): The process of the project by the defendant (4) and the process of the project < Amended by Presidential Decree No. 24179, Nov. 2, 2012; Presidential Decree No. 27075, Mar. 24, 2016

B. The Plaintiff’s current business status and circumstances leading up to the business compensation were that the Plaintiff leased 30 square meters of the 1st floor store of the building in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant store”) among the buildings located within the instant business area (hereinafter “instant store”) and operated the agricultural and fishery products distribution business and the retail business (hereinafter “instant business”).

On September 30, 2016, the Seoul Special Metropolitan City Local Land Tribunal did not present the supporting material that the plaintiff has been operating, but did not recognize the amount of business compensation, and decided on November 18, 2016 on the date of expropriation.

On May 25, 2017, the Central Land Tribunal recognized the Plaintiff’s business on the Plaintiff’s filing of objection, and decided to compensate for KRW 2,065,00 with the cost of moving goods at the Plaintiff’s place of business and KRW 20,916,000 with the cost of compensating for business.

C. The detailed calculation details of the business loss compensation amount in this case (B fixed costs are different and the remaining parts are the same) of the appraisal corporation for the business loss compensation amount in this case (B fixed costs are the same).

(1) Operating profit: The instant business is less than the household expenditure for three-person households calculated based on the monthly average household expenditure expenses of urban workers under Article 47(5) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) when comprehensively reviewing the search results of the search results, etc. that the instant business is the retail business of agricultural and fishery products, and that the relevant data and net profits are KRW 3 million per month.

I spring. The monthly average household expenses for three household workers in the third quarter of March 2016.